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