The legal advisor of Stefanos Kasselakis suggested filing a lawsuit to annul his dismissal from the presidential position of SYRIZA; however, he himself is currently refusing to do so.
It is noted that the only dissenting member of the Political Secretariat, Theodora Tsakri, argued that his dismissal decision is invalid and hinted that there may be an appeal to the courts.
Kasselakis dismissed, decided by the Political Secretariat; only Tsakri supported him – All the background of the turbulent day in SYRIZA
Kasselakis: Withdrawal of the dismissal decision requested by four Coordinating Organizations of SYRIZA in Thessaloniki
Speaking on Star’s main news bulletin with Mara Zacharea, lawyer Charalampos Pelekis mentioned that after the developments in SYRIZA, he visited Mr. Kasselakis, whom he has known for years, and told him that he has the option to appeal to the courts and annul the decision.
However, as Mr. Pelekis stated, Mr. Kasselakis refused – at least for the time being.
“He was clear and categorical. He told me that at this stage, ‘I don’t want to drag the party that I love so much and its thousands of members into court.’”
Mr. Pelekis, however, left open the possibility of this happening under certain conditions in the future. “I suggest, on a personal level. This is the president’s decision. However, I am sure that if he feels that the integrity of the party is at risk and the rules of democratic operation are in jeopardy, I am sure he will safeguard what needs to be safeguarded, that is, the integrity and functioning of the democratic institutions of the movement he has led until today.”
According to his legal opinion, the voting in the Central Committee of SYRIZA is legally invalid if it is proven that some voted secretly via ballot, while others (i.e., those absent who voted by phone) did so openly.
He also considers the decision of the Political Secretariat of SYRIZA to be equally invalid, as it does not have the authority to ratify this decision according to the statute.
Mr. Pelekis explained the options provided to him by law and the statute of SYRIZA that allow him to annul both the resolution from the Central Committee’s decision last Sunday and the extraordinary session of the Political Secretariat of the party yesterday.
Referring to the articles of the statute, he said that it does not clearly state – as in the statutes of other parties – that the president is dismissed.
According to Mr. Pelekis, the only interpretation is that SYRIZA is heading towards an Extraordinary Congress after the no-confidence motion, but with Mr. Kasselakis remaining president until then.
“At this moment, who is the president of SYRIZA? It is Mr. Kasselakis,” he said specifically. He also added that, according to the statute, the president is an institution that, together with the Political Secretariat and the Central Committee, is obliged to ensure the implementation of democratic procedures until the election of a new president.
See what Mr. Kasselakis’ legal advisor said on Star: