Abstract

The Constitution of Greece, adopted in 1975 after the collapse of the military dictatorship, was drafted with provisions providing the constitutional grounds for European integration. Subsequently, two EU related amendments were introduced and, additionally, constitutional interpretation is used to overcome further conflicts. The Constitution is described in the report as detailed and comprehensive, with a legal character and strong normative force. It includes a detailed list of rights, including social rights. The Constitution refers to the concept of ‘welfare state rule of law’. By way of an exception to constitutional systems of this type, Greece does not have a constitutional court, but instead a decentralised system of review of constitutionality. Adhering to the French ‘Etat de droit’ and the German ‘Rechtsstaat’ traditions, the rule of law works in conjunction with specific constitutional provisions. In particular, nulla poena sine lege is a cornerstone principle of constitutionality and the rule of law, and has prompted extensive scholarly concerns in relation to the European Arrest Warrant system. More widely known are the constitutional and fundamental rights issues raised in the context of the EU and IMF austerity and conditionality programmes, marking, according to the report, a darker side of sovereignty loss. The report summarises a broader concern in Greek academic commentary that constitutional rights and values have been given marginal protection, as the national constitution is no longer the guarantor of popular sovereignty rooted in a political decision made by the people, but rather has become a guarantor of the state’s compliance with EMU obligations.

Highlights

  • The Constitution of Greece, adopted in 1975 after the collapse of the military dictatorship, was drafted with provisions providing the constitutional grounds for European integration

  • Article 100(5) of the Constitution regulates constitutional review as follows: When a section of the Supreme Administrative Court or chamber of the Supreme Civil and Criminal Court or of the Court of Audit judges a provision of a statute to be contrary to the Constitution, it is bound to refer the question to the respective plenum, unless this has been judged by a previous decision of the plenum or of the Special Highest Court of this article

  • 2.3.1.1–2.3.1.2 This presumption applies in Greece; Greece has incorporated the European Convention on Human Rights (ECHR) as well the International Covenant on Civil and Political Rights (ICCPR), among other conventions, into its legal order

Read more

Summary

The current constitution of

Greece was promulgated in 1975 after the collapse of a seven-year military dictatorship. The plenum shall be assembled into judicial formation and shall decide definitively, as specified by law This regulation shall apply to the elaboration of regulatory decrees by the Supreme Administrative Court. 1.1.2 The Constitution sets out the form of government, establishes the separation of powers and provides for checks and balances. It includes a detailed list of fundamental rights enshrining civil, political and socio-economic rights. The Constitution of Greece sets out the basic rules of the game, organising and allocating powers and providing for the detailed protection of fundamental rights. It has been central to the legal and political life of Greece, generating a strong culture of constitutionalism; constitutional narratives are dominant in the Greek political discourse

Amendment of the Constitution in Relation to the European Union
Conceptualizing Sovereignty and the Limits to the Transfer of Powers
The Standing
The Reasons for, and the Role of, EU Amendments
The Position of Constitutional Rights and the Rule of Law in the Constitution
The Balancing of Fundamental Rights and Economic Freedoms in EU Law
The Presumption of Innocence
The principle of nullum crimen, nulla poena sine lege is recognised in
According to
The Right to a Fair Trial – Practical Challenges Regarding a Trial Abroad
The Right to Effective Judicial Protection
Constitutional Rights Regarding Other Aspects of EU Criminal Law
According to the Greek
This issue has not arisen in Greece
The ESM Treaty, Austerity Programmes and the Democratic, Rule of Law Based State
Judicial Review of EU Measures
Other Constitutional Rights and Principles
2.10.1 The question concerning whether the common constitutional traditions of the
2.11 Article 53 of the Charter and the Issue of Stricter Constitutional Standards
2.12 Democratic Debate on Constitutional Rights and Values
2.13 Experts’ Analysis on the Protection of Constitutional Rights in EU Law
The Constitution of Greece sets the cornerstone of the relationship between
The Constitution provides an efficient legal framework for the participation of
Democratic Control
The judicial review of the MoUs in terms of their compatibility with the Greek
The Social Welfare Dimension of the Constitution
In all areas included in this section of the
Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call