Across the country, municipalities are sending out mass payment notices for debts stemming from municipal fines, where in many cases citizens are demanding their cancellation.
Read: What applies to municipal fines: Which ones are cancelled (Video)
The fines mainly concern traffic violations and come from both the Municipal Police and the Traffic Police, with many of the amounts considered excessive by residents. These debts, which in several cases date back a decade, are now returning to the spotlight, causing reactions from citizens who believe the related procedures are unfair or delayed. Many residents argue that they were never informed about the violations or that notifications are sent with significant delay, resulting in them not having the opportunity to challenge the certification act in time. Others seek debt cancellation citing statute of limitations.
Giorgos Giannaros: “Debt cancellations are now made based on specific categories”
Giorgos Giannaros, deputy mayor of Economic Planning of Athens, speaking to “P” emphasized that debt cancellations are now made based on specific categories. “Citizens’ debts for cancellation are divided into two categories,” he explains. “The first concerns fines that have been certified by the financial service beyond the three-year period. In the Municipality of Athens these are examined by the Municipal Committee every Monday. It should be noted that Traffic Police fines reach the municipality a year and a half after the violation, so there is already an external delay.
At this moment, the certification of Municipal Police fines for 2024 has been completed and payment notices have started being sent.” The second category, according to Mr. Giannaros, is “fines that took place up to the end of 2018 and the municipality has demonstrably not taken any debt collection action. These actions are notifications sent through correspondence, blocking the tax number (for debts over 300 euros), as well as compulsory collection measures, such as blocking/seizing bank accounts. The notifications part from the municipality is a ‘thorn,’ as before 2019 there was no interoperability with other public services, such as the Ministry of Finance, and the addresses located by the financial service were not accurate.”
Regarding debt settlement, the deputy mayor of Athens explains that “at this moment the arrangements being made concern settlements up to 24 installments.” The issue of fines remains, however now there is a clear framework for who can claim cancellation and under what terms.
Instructions from the Ministry of Interior to local authorities for fines
With a clarification document (protocol no. 17729/23.02.2024), the Ministry of Interior had informed all Local Government Organizations (OTA) about the regime governing the certification and collection of autonomous fines, including those of the Highway Code. According to the current legal framework, the certification of a fine must take place within three years from the end of the year during which the certification title was acquired.
This deadline has an extinctive character, which means it cannot be extended or bypassed. As the document points out, the jurisprudence of the Council of State has permanently recognized the absolutely binding character of this deadline. Thus, fine certifications made after the three-year period are considered illegal and the municipalities that issued them do not retain the right to collect the related amounts.
Regarding the collection of legally certified fines, the ministry clarifies that a five-year extinctive deadline now applies, which replaced the previous twenty-year period. Specifically, for fines generated after the new law came into effect, collection can take place within five years from the end of the year of fiscal certification.
Conversely, for fines generated up to the start date of the new framework, a transitional collection possibility is provided within 20 years, but only until the end of a two-year transitional period. After this deadline, all fines are subject to the five-year prescription rule.
The ministry points out that several municipalities attempt to collect fines from many years ago, causing citizen complaints and appeals to the Ombudsman or courts. This practice, according to legislation and recent clarifications, is legally unfounded for fines that have been prescribed. The circular aims at uniform application of rules and avoiding injustices against citizens.
