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The constitutionality control in the Greek legal order: a European country which follows the American system!

  • Although geographically it belongs to Europe, as far as the constitutionality control of the statutory provisions is concerned, Greece follows the American system. That means that there is no Constitutional Court and, on the contrary, every court (even those of first instance) are entitled, and indeed obliged, to control the constitutionality of the laws (Articles 87 par. 2 and 93 par. 4 of the Greek Constitution). The Greek Courts examine only the substantial and not the formal constitutionality of the statutory provisions. If a court comes to the result of the unconstitutionality, then the statutory provision is not annulled and removed from the legal order, but it is not applied by the court in the relevant court procedure. The only – rather rare – case where a statutory provision is erga omnes annulled is when this is ordered by a decision of the Highest Special Court (Article 100 of the Greek Constitution), following a disagreement between two of the three highest Courts, namely between Symvoulio tis Epikrateias (highest Administrative Court), Areios Pagos (Cassations Court in Civil and Criminal procedures) and Elegtiko Synedrio (Court of Audit). The presentation is going to examine the origins of the Greek system of the constitutionality control. It will also focus on the advantages and disadvantages of the Greek system and on the scientific and political discussion. Last but not least, the presentation will examine the role of the Council of State, which, although formally not a Constitutional Court, in practice issues the vast majority of the court decisions which accept the unconstitutionality of statutory provisions.

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Author:Spyridon VlachopoulosGND
Series (Volume no.):Rechtspolitisches Forum (77)
Place of publication:Trier
Document Type:Book
Year of publication:2017
Publishing institution:Universität Trier
Contributing corporation:Institut für Rechtspolitik der Universität Trier
Release Date:2019/09/26
GND Keyword:Griechenland; Verfassungsgerichtsbarkeit
Number of pages:19
Dewey Decimal Classification:3 Sozialwissenschaften / 34 Recht / 340 Recht
Licence (German):License LogoCC BY-NC-ND: Creative-Commons-Lizenz 4.0 International

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