Accountability and the Law This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. P art II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics. Piotr Mikuli is a full professor at the Jagiellonian University in Kraków, where he is head of the Chair in Comparative Constitutional Law. His interests include constitutional and administrative justice, political systems, and constitutional principles in comparative perspective. He is the author or co-author of a number of publications dealing with constitutional issues. He has served inter alia as a visiting professor at Oxford University, an honorary visiting scholar at Leicester University, and a guest researcher at Dalarna University (Sweden) and the University of Lucerne (Switzerland). Grzegorz Kuca is an associate professor in the Chair in Comparative Constitutional Law and a member of the Center for Interdisciplinary Constitutional Studies at the Jagiellonian University in Kraków. He has worked at the Office of the Constitutional Tribunal. He is currently an attorney at law, a member of the Krakow Bar Association of Attorneys-at-Law, a member of the Polish Association of Constitutional Law, and a fellow of the European Group of Public Law. His interests include constitutional law and public finances. Comparative Constitutional Change Series editors: Xenophon Contiades is Professor of Public Law, Panteion University, Athens, Greece and Managing Director, Centre for European Constitutional Law, Athens, Greece. Thomas Fleiner is Emeritus Professor of Law at the University of Fribourg, Switzerland. He teaches and researches in the areas of Federalism, Rule of Law, Multicultural State; Comparative Administrative and Constitutional Law; Political Theory and Philosophy; Swiss Constitutional and Administrative Law; and Legislative Drafting. He has published widely in these and related areas. Alkmene Fotiadou is Research Associate at the Centre for European Constitutional Law, Athens. Richard Albert is Professor of Law at the University of Texas at Austin. Comparative Constitutional Change has developed into a distinct field of con- stitutional law. It encompasses the study of constitutions through the way they change and covers a wide scope of topics and methodologies. Books in this series include work on developments in the functions of the constitution, the organiza- tion of powers and the protection of rights, as well as research that focuses on formal amendment rules and the relation between constituent and constituted power. The series includes comparative approaches along with books that focus on single jurisdictions, and brings together research monographs and edited col- lections which allow the expression of different schools of thought. While the focus is primarily on law, where relevant the series may also include political sci- ence, historical, philosophical and empirical approaches that explore constitu- tional change. Also in the series: Illiberal Constitutionalism in Poland and Hungary The Deterioration of Democracy, Misuse of Human Rights and Abuse of the Rule of Law Tímea Drinóczi and Agnieszka Bien´-Kacała Courts and Judicial Activism under Crisis Conditions Policy Making in a Time of Illiberalism and Emergency Constitutionalism Edited by Martin Belov For more information about this series, please visit: w ww.routledge.com/ Comparative-Constitutional-Change/book-series/COMPCONST Accountability and the Law Rights, Authority and Transparency of Public Power Edited by Piotr Mikuli and Grzegorz Kuca First published 2022 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2022 selection and editorial matter, Piotr Mikuli and Grzegorz Kuca; individual chapters, the contributors The right of Piotr Mikuli and Grzegorz Kuca to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice : Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record for this book has been requested ISBN: 978-0-367-76733-4 (hbk) ISBN: 978-0-367-76735-8 (pbk) ISBN: 978-1-003-16833-1 (ebk) Typeset in Galliard by Apex CoVantage, LLC Contents List of contributors vii 1 Introduction 1 PIOTR MIKULI AND GRZEGORZ KUCA PART I Law 7 2 Accountability in the globalised digital age: online content moderation and hate speech in the European Union 9 KYRIAKI TOPIDI 3 Economic crises and transformation to the theoretical model of budget process: a comparative constitutional analysis via an example of EU Member States 28 GRZEGORZ KUCA 4 Financial accountability and transparency of public sector institutions in the Republic of Serbia 46 JELENA KOSTIĆ AND MARINA MATIĆ BOŠKOVIĆ PART II Fairness and rights 61 5 Disciplinary liability of judges: the Polish case 63 PIOTR MIKULI AND MACIEJ PACH vi Contents 6 Transparency and accountability versus secrecy in intelligence operations: an Italian case study 80 ARIANNA VEDASCHI 7 Non-judicial legal accountability: the case of the Chilean comptroller-general 102 GUILLERMO JIMÉNEZ PART III Authority 127 8 Presidents’ (mis)use of public accountability: going-public tactics in European semi-presidential regimes 129 THOMAS SEDELIUS 9 Ministerial criminal liability in the Greek legal order: a concise critical review 156 EUGENIA KOPSIDI AND IOANNIS A. VLACHOS 10 Transparency and accountability of the Italian public administration in the context of public procurement: the case of below-threshold contracts 174 FRANCESCA SGRÒ 11 Transparency and government accountability in Brexit negotiations 193 NATALIE FOX Index 221 Contributors Natalie Fox is an assistant professor in the Chair in Comparative Constitutional Law of Jagiellonian University in Kraków. She is a principal investigator in the research project ‘The British Constitutional Law and the Membership in the European Union’, financed by the Polish National Science Centre. The aim of the project is to analyse British constitutional law in the context of member- ship of the UK in the EU. Guillermo Jiménez is an assistant professor of public law at Universidad Adolfo Ibáñez (Chile). He holds a PhD in law from University College London (2018). His research interests include constitutional and administrative law, administrative justice, socio-legal studies, legal and political theory, regulatory theory, and comparative law. Eugenia Kopsidi is currently a postdoctoral researcher at Aristotle University of Thessaloniki and a lecturer at Democritus University of Thrace. From 2016 to 2019 she served as legal advisor to the Greek Ministry of Foreign Affairs, and she is a member of the National Registry of Lawyers at the Asylum Service since 2017. Jelena Kostic´ is a research fellow at the Institute of Comparative Law, Belgrade, Serbia, researching financial and criminal law, including financial management and control, and internal and external audit. Grzegorz Kuca is an associate professor in the Chair in Comparative Constitu- tional Law and a member of the Center for Interdisciplinary Constitutional Studies at the Jagiellonian University in Kraków. He has worked at the Office of the Constitutional Tribunal. He is currently an attorney at law, a member of the Krakow Bar Association of Attorneys-at-Law, a member of the Polish Association of Constitutional Law, and a fellow of the European Group of Public Law. His interests include constitutional law and public finances. Marina Matic´ Boškovic´ is a research fellow at the Institute for Criminological and Sociological research in Belgrade, Serbia. She has extensive experience as a justice reform consultant working predominantly for the World Bank and EU in the Western Balkans and Eastern Partner countries. She has been the viii Contributors president of the Program Council of Serbian Association of Public Prosecutors since 2007. Piotr Mikuli is a full professor at the Jagiellonian University in Kraków, where he is head of the Chair in Comparative Constitutional Law. His interests include constitutional and administrative justice, political systems, and constitutional principles in comparative perspective. He is the author or co-author of a num- ber of publications dealing with constitutional issues. He has served inter alia as a visiting professor at Oxford University, a honorary visiting scholar at Leicester University, and a guest researcher at Dalarna University (Sweden) and the University of Lucerne (Switzerland). Maciej Pach is a researcher in the Chair in Comparative Constitutional Law of Jagiellonian University in Kraków. Since 2016 he has worked as a freelance journalist dealing with constitutional topics and is currently publishing most frequently on popular Polish websites. Leading Polish newspapers also have published his texts. Thomas Sedelius is a professor of political science at Dalarna University, Sweden. His speciality is political institutions in Eastern Europe, and he has published widely on semi-presidentialism. Professor Sedelius is a Steering Committee member of the Standing Group on Presidential Politics in the European Con- sortium of Political Research. He is currently the co-director of the Research Profile Intercultural Studies at Dalarna University, where he also teaches com- parative politics and supervises PhD students. Francesca Sgrò has had the Italian national scientific qualification as Associate Professor of constitutional law since 2017. She holds a PhD in constitutional law (2010) and has been a researcher in constitutional law since 2016. Sgrò was a research fellow in constitutional law at the University of Milan from 2011 to 2015, where she also taught constitutional law and administrative law. Kyriaki Topidi, is a senior research associate and the head of the culture and diversity cluster at the European Centre for Minority Issues in Flensburg, Ger- many. She holds a degree in law from the Robert Schuman Faculty of Law in Strasbourg, a master’s in international studies from the University of Birming- ham, and a PhD in European studies from Queen’s University Belfast. She has undertaken extensive research in the areas of minority rights, EU law, and public international law. Arianna Vedaschi is a full professor of public comparative law at Bocconi Uni- versity and has a PhD in law-drafting techniques and law-evaluation methods from the University of Genova. She served as a visiting researcher professor at Trinity College (Dublin, Ireland) and the Max Planck Institute for Com- parative Public Law and International Law (Heidelberg, Germany); a visiting professor at the Universities of Valencia (Spain), Lima (Peru), Austral and La Matanza (Buenos Aires, Argentina), and Monterey (Nuevo León, Mexico); Contributors ix and a visiting scholar at Fordham University (New York, USA) and Exeter University (UK). Ioannis A. Vlachos holds a degree in law from the Aristotle University of Thes- saloniki and a bachelor of arts in business studies (finance and accounting) from the University of Sheffield. He earned his master of laws in criminal law and criminology from the School of Law of the Aristotle University of Thes- saloniki and is a PhD candidate in the same faculty.