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Greece europe and the rule of law


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The Greek debt swap under the CAC Greek law is retroactive which is contrary the the basic principle of democracy.

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Greece europe and the rule of law

  1. 1. Greece, Europe and the rule of LawOn 23rd February 2012, the Greek parliament passed a Law which at the time went mostlyunnoticed in one of its provisios: the retroactivity of the CAC (Collective Action Clause)for Greek Law bonds. Greek bonds holders who do not accept the debt swap will beforced to do so.EUR 205 bn were eligible for the debt swap:Investors (well, banks) holding EUR 152 bn Greek law bonds accepted the offer (85.9%)and EUR 20 bn of non-Greek law (69.9%), i.e. 83.7% for the aggregate. 1
  2. 2. invitation period (to the public offer) for each series of PSI-eligible foreign-law bondsand of bonds issued by state enterprises and guaranteed by the Hellenic Republic has beenextended until 9:00 p.m. (C.E.T.) on March 23, 2012. Note that not only content torenege on past contractual agreements on Greek-Law bonds, Greece isthreatening to default on bonds held under foreign (Brtiish) Law ifbondholders do not accept the terms of the bond swap agreed (read forced) onMarch 8.I thought retroactivity of laws was the benchmark of totalitarian regimes, but no, it ishappening in 2012 within Europe, in the birthplace of democracy. All European leadersare applauding to something they should utterly reject, but for futile self-political interest.There is one basic principle of democracies: the non-retroactivity of laws.I feel that any investor would successfully challenge this before the EuropeanCourt of Human Rights.Source:Hellenic Republic – Ministry of Finance: Press release PSI EFG: Greece Macro-Monitor Unofficial translation of the Act of the Governor – Bank of Greece 2