3384
GOVERNMENT GAZETTE
seconded from Central Administration bodies, as defined
in indent (f) of Article 14(1) of Law 4270/2014 (Government
Gazette A’ 143), by derogation from the applicable
provisions. The duration of secondments shall be one (1)
year renewable once. The secondment shall be carried
out following a joint decision of the competent Minister and
the President of the Authority without the opinion of the
respective Boards of Employees. Prior agreement of the
competent appointing bodies shall be specifically sought for
the secondment of first and second-level local government
authority staff.
7. Secretariat staff may be seconded to supervisory
authorities of the Member States, or to the Greek Permanent
Representation, or to authorities of third countries or
international organisations for a period of up to six (6)
months following a decision of the Authority applying the
provisions applicable to staff seconded to EU institutions.
In addition, staff from the Authority‘s counterparts may also
be seconded to the Authority for a period of up to six (6)
months.
8. The university graduate Communications Department
positions at the Data Protection Authority shall be converted
into equivalent scientific staff positions recruited under a
private law employment contract of indefinite duration.
Already serving staff who holds the qualifications required
under Presidential Decree No 50/2001 (Government
Gazette A’ 39) "Determining the qualifications for
appointment in public service positions" and the legislation
in force for the position of scientific staff under a private law
employment contract, shall state whether they agree to be
assigned to that position or not within one month of the entry
into force of this Law. Staff willing to serve under a private
law contract, who occupy one of the positions converted,
shall maintain their insurance status and count the duration
of previous relevant employment towards their grading and
salary classification in accordance with the provisions of
Article 11(4) of Law 4354/2015 (Government Gazette A’
176). In case of refusal or failure to submit a statement,
the members of staff shall continue to serve as permanent
university graduate Communications Officers in personal
non-transferable positions. In the period during which
the members of staff serve in personal non-transferable
positions pursuant to the previous subparagraph, no
equivalent positions of scientific staff shall be filled under a
private law employment contract of indefinite duration.
Article 19
Budget and Financial management
1. The Authority shall establish its own budget under
the responsibility of its President and shall enjoy full
independence in implementing it. The involvement of
another body shall not be required in this regard. The
President of the Authority shall be the authorising officer.
2. The budget shall be established annually and
submitted directly to the State General Accounting Office
in accordance with the procedure set out in the Public
Accounting.
3. The Authority, in enjoying full independence, shall
be solely responsible for implementing its budget. The
transfer of appropriations from one account to another and
A’ 137/29.08.2019
between different major budget categories shall be allowed,
depending on the needs of the Authority, by a decision of
the Minister of Finance, provided that the total amount of the
budget initially approved by the Parliament is not modified.
Expenditure incurred by the Authority shall be carried out
by the authorising officers and the public accounting in
accordance with the relevant applicable provisions of the
commitment. The transfer of appropriations shall be carried
out following a decision of the Authority and shall be notified
to the State General Accounting Office.
4. The budget of the Authority may be amended
following a decision of the Minister for Finance, upon
recommendation of the Authority, which is submitted to the
State General Accounting Office.
5. The Authority may participate in national, European or
co-financed research or other programmes. To this end, the
Authority may, following a decision of its President, open
a regular bank account under the Group of Accounts 260
— Cash Management with the Bank of Greece, to which
appropriations will be transferred from those programmes,
as well as from other resources related to the exercise of
its powers provided for under the GDPR or the law. The
management and control of the above special account shall
be regulated by the special provision of Article 2(3) of Law
3051/2002. The Authority shall enjoy full independence
in the management of this account. The revenue of the
Authority shall constitute state budget revenue.
6. Where members and staff of the Authority participate
in collective bodies established in the context of projects
financed by the European Structural and Investment Funds
or the Public Investment Programme, the provisions of
Article 21(2), (3) and (5) of Law 4354/2015 (Government
Gazette A’ 176) shall apply accordingly, provided that the
relevant expenditure is borne by these sources of funding
and does not place a burden on the state budget.
7. The financial audit of the Authority shall be conducted
in a way that does not interfere with its operation nor does
it affect its independence.
Article 20
Legal protection against the Authority
1. Regulatory decisions and individual administrative
acts issued by the Authority, including decisions imposing
penalties, shall be challenged by way of action for
annulment before the Council of State.
2. The period of time for lodging an action for annulment
shall not have suspensive effect on the contested act. The
court may, at the request of the applicant, suspend the
execution of the act in whole or in part, in accordance with
the provisions in force.
3. An action for annulment against the decisions and
acts of the Authority may also be brought by the competent
Minister.
4. The Authority shall be represented in and out of court
by its President. The Authority shall be an autonomous
party to any kind of court proceedings with the participation
of its members in their capacity as lawyers or its legal
service, provided the legal service is set up. The Authority’s
legal service shall be staffed by lawyers with a salaried
mandate recruited in accordance with the provisions of the
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