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1
Polymenopoulou, Eleni. "Arts, Censorship and the Greek Law." International Human Rights Law Review 6, no. 1 (May 24, 2017): 109–32. http://dx.doi.org/10.1163/22131035-00601006.
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The article discusses the Greek legal framework concerning artistic freedom and highlights the discrepancy between international human rights standards and the Greek practice as exemplified by a variety of incidents of censorship. Focusing on specific features of the Greek constitution and the national laws on obscenity and hate speech, the article examines the practice of censorship on the grounds of either blasphemy or offence to public morals and national values. At the same time it underscores the exponential rise in hate crimes, including against artists, as exemplified by the murder of young rapper Fyssas in 2014. It argues that the practice of seizure of publications, along with the lack of effective legal framework that combats hate speech, have both significantly contributed to raising self-censorship among artists and maintaining the culture of vexatious jurisdiction from which Greece suffers.
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Chondroleou, G. "Public Images and Private Lives: The Greek Experience." Parliamentary Affairs 57, no. 1 (January 1, 2004): 53–66. http://dx.doi.org/10.1093/pa/gsh005.
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Kapotas, Panos. "Greek Council of State." European Constitutional Law Review 10, no. 1 (April 15, 2014): 162–74. http://dx.doi.org/10.1017/s1574019614001102.
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Ever since the days of Van Gend en Loos and Costa, national attitudes to the unilaterally proclaimed supremacy of EU law have invariably captured a great deal of academic and political attention. Since the mid-1990s most national constitutional courts have converged to the interpretative orthodoxy of a qualified acceptance of primacy, couched in a pluralist vision of the relationship between the EU and its Member States. As things stand at the moment, and especially against the backdrop of Declaration 17 of the Lisbon Treaty, primacy is expected to be the constitutionally recognised conflict resolution norm that national courts shall turn to in almost all circumstances.The Greek Council of State in its Judgment 3470/2011 does not break this pattern, even in the face of a politically sensitive issue. When considering whether an irrebuttable presumption of incompatibility between tenderers for public works contracts and owners or main shareholders of media corporations is permissible under EU law, the Greek court unequivocally accepts the relevant ECJ preliminary ruling in Michaniki and recalibrates its interpretation of the national constitution accordingly. In doing so, however, the Council of State reads an obligation for consistent interpretation into the constitution itself, thus turning the doctrine of indirect effect into a pragmatic tool for constitutional pluralism in action.
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Metallinos, Pavlos. "Expanded Oligopolization of the Greek Public Works Market through the Framework of Law." Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 5, no. 2 (May 2013): 86–89. http://dx.doi.org/10.1061/(asce)la.1943-4170.0000105.
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Simioni, Rafael Lazzarotto. "Gustav Klimt’s “Jurisprudenz”: law, public sphere and sovereign violence." ANAMORPHOSIS - Revista Internacional de Direito e Literatura 5, no. 1 (June 11, 2019): 37–68. http://dx.doi.org/10.21119/anamps.51.37-68.
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This research aims at discussing a possible reading of Gustav Klimt’s painting "Jurisprudenz", from a juridical perspective, in order to explain its potential of meaning regarding the relation between law, sovereign violence and public sphere in peripheral countries like Brazil. In order to do so, this paper is based on three analytical aspects, which are deeply interconnected: The Renaissance’s revival of pagan Antiquity, Freud’s psychoanalysis, and the ambivalent relationship between Law and sovereign violence. Klimt articulates these three dimensions through a) elements of Greek mythology; b) in a Freudian dream-like atmosphere; c) placing the observer in the political role of one of its main characters. Methodologically, this research identifies the references of Klimt at his lifetime and proposes a dialog with the previous interpretations and reflections made by Schorske, Minkkinen, Rodriguez and Manderson, among other authors that dedicated themselves to study the "Jurisprudenz" of Klimt. "Jurisprudenz" presents a visual narrative that allows one to understand the rupture of the cogito self by the desire self (Freud), the exception/sovereign violence of Law (Schmitt, Benjamin, Agamben), and the creative construction of the Law by democratic participation in new forms of public sphere (Habermas).
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Rammeloo, Stephan. "‘From Rome to Rome’ – Cross-border employment contract. European Private International Law: Intertemporal law and foreign overriding mandatory laws." Maastricht Journal of European and Comparative Law 24, no. 2 (April 2017): 298–322. http://dx.doi.org/10.1177/1023263x17709754.
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To what extent are Greek saving laws, resulting in payment cuts in the public sector (that is employment conditions), capable of overriding the applicable (German) law? A dispute arising from an employment relationship between the Greek Republic and an employee habitually carrying out work in Germany, gave rise to preliminary questions having regard to the temporal scope of EU Regulation No. 593/2008 (the ‘Rome I Regulation’)1 and, closely related thereto, the functional reach of Article 9(3) of that Regulation in respect of ‘foreign’ mandatory laws, in light of the principle of sincere cooperation enshrined in Article 4(3) TEU. An analysis of the Advocate General’s Opinion and the Court of Justice of the European Union’s (CJEU) ruling is followed by critical commentary and suggestions for future EU legislative amendments to the Rome I regime.
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Philippidou, Sophia S., Klas Eric Soderquist, and Gregory P. Prastacos. "Towards New Public Management in Greek Public Organizations: Leadership vs. Management, and the Path to Implementation." Public Organization Review 4, no. 4 (December 2004): 317–37. http://dx.doi.org/10.1007/s11115-004-4600-7.
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Stolzenberg, Philipp, and Panagiotis Getimis. "Fiscal Consolidation in German and Greek Municipalities: The Interplay of Leadership and Legitimacy." Lex localis - Journal of Local Self-Government 14, no. 4 (October 31, 2016): 893–916. http://dx.doi.org/10.4335/14.4.893-916(2016).
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This article assesses the interplay between different leadership styles and three dimensions of legitimacy (input-, throughput- and output-legitimacy). In four German and six Greek cities, we investigate the role of mayors and treasurers in fiscal consolidation policy. We can explain different outcomes of fiscal policy with different institutional structures between the two countries, but we found also remarkable differences within the countries, especially in Greek municipalities, which are related to different leadership styles. However, we also show that different leadership styles can result in sufficient output-legitimacy of fiscal policies.
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Kondylis, Dimitrios. "Greek libraries’ funding: a Greek tragedy with(out) euros and “katharsis”." Bottom Line 27, no. 2 (August 5, 2014): 74–84. http://dx.doi.org/10.1108/bl-07-2013-0021.
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Purpose – The purpose of the paper is to point out the importance, value and the economic status of the public information services (PIS), which are in danger and to propose alternative solutions that the Greek Governmental Officials and Public Sector’s Library Managers can employ to support and promote PIS, their staff value and work and to finance their existence/preservation, plans and activities. Another objective of the paper is to increase librarians’ and library staff morale and encourage their participation and play a more proactive role in finding and securing such financial resources that will benefit all (PIS and librarians). Design/methodology/approach – Considering the deep financial crisis in Greece, the paper presents and analyzes a thorough list of strategies, actions, practical recommendations and measures that public sector’s information professionals could apply in their attempt to promote PIS benefits to the society. Through these actions, they can also approach and convince stakeholders, governmental officials for (more) funding and other people to become sponsors and donors. Findings – The article highlights the bad economic status of PIS, the increasing need for financial support and the fact that PIS and their professional appointments are under serious threat. It provides a combination of not only traditional widely known and applied methods but also a number of new measures and practices “borrowed” from private sector to show ways of finding alternative financing solutions to fund the existence of libraries, the paying of their debts and the salaries of librarians and the library staff. Moreover, it is suggested to politicians and policy-makers that important legislative bills/changes should take place to promote the flexibility in operations of PIS and in financial transactions between PIS and private companies. Practical implications – The paper with the analyzed measures can set a paradigm of changing the organizational culture of PIS. Also, it points management practices to managers such as employee engagement, brainstorming and employee empowerment. Furthermore, it explores ways for librarians to find motivation, to engage more actively and even point to Ministers to give Public Servants the opportunity to accelerate their career development. In addition, it implies that changes in the law should take place to form a more flexible frame of operation for PIS. Finally, it provides a practical strategy to reverse attempted mergers of PIS with each other or other public organizations. Social implications – The paper presents such ideas and suggestions, which come against with certain stereotypes of Public Administration/Management and operation, “old school” and conservative ways of thinking and acting of Public Servants (many of whom have never worked in the private sector and have been working in the same position for over 20 years now), professional and trade unions. The role of politicians and policy-makers and the ethos of private companies toward Public Sector’s services in days of financial hardship in Greece are also discussed. Originality/value – There is significantly limited research in the literature on the identification of threats to the existence, job security and constantly diminishing funding of PIS, in general, and, in particular, in Greece and suggested ways to overcome this. The article recommends to Information Professionals and particularly to those who work in PIS in Greece and worldwide various ways to secure income in an environment of tight budgets and cutbacks. The goal is to provoke thinking along the lines of the function of the private sector and adoption of specific practices to find economic resources and secure continuity of PIS “operation and jobs” preservation, even increase their salaries.
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Lees, Christopher, and Antonis Alfieris. "Racist discourse in the years of the Greek financial crisis: Evidence from the Greek press." Journal of Greek Media & Culture 5, no. 1 (April 1, 2019): 45–67. http://dx.doi.org/10.1386/jgmc.5.1.45_1.
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In the wake of Greece’s economic crisis, expressions and acts of racism have become noticeably more prevalent, particularly in light of the rise of the neo-Nazi Golden Dawn party. Two significant topics in public discourse that gave rise to expressions of racism were the amendment of the Greek citizenship law, which came into effect in 2010 and was heavily debated in the run up to the 2012 Greek general elections, as well as the perceived increase in immigration at the start of the refugee crisis. By investigating newspaper articles from Greek newspapers of different political affiliations during the period around the Greek general elections of 2012, we intend to provide examples of how racism was constructed in the language of the press at the time and analyse this against the background of the economic crisis in Greece.
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Kapotas, Panagiotis, and Efpraxia Aithra Maria. "Livestock grazing, forest protection and law in Greece." Management of Environmental Quality: An International Journal 28, no. 1 (January 9, 2017): 57–69. http://dx.doi.org/10.1108/meq-03-2015-0037.
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Purpose The purpose of this paper is to present, from a critical point of view, the current legal framework of livestock grazing in public forests in Greece, to present the implementation problems that have arisen and to suggest possible solutions. Design/methodology/approach The authors are trying to combine and implement some of the rangeland ecology results as a tool to explain the legal status and the reform proposals. Findings Livestock grazing is a misunderstood activity when it occurs in forests. In fact, when livestock grazing is controlled and based on the capacity of a forest area, it has been proven that it does not degrade an ecosystem; on the contrary, it contributes to biodiversity and to the prevention of forest fires. The prohibition of grazing for a long period of time, along with the establishment of a legal framework by which the forestry service is required to abide, which does not provide for alternatives or compensatory measures to farmers, has resulted in the creation of extremely unpleasant conditions for farmers. Originality/value There are hardly any relevant studies in Greek and international literature specifically focused on the Greek legal status of livestock grazing. The scarce contributions on this topic have been investigated and are incorporated in the justification of the study.
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Kampa, Eleftheria, and Hans Bressers. "Evolution of the Greek national regime for water resources." Water Policy 10, no. 5 (October 1, 2008): 481–500. http://dx.doi.org/10.2166/wp.2008.062.
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This paper characterizes and explains the development of the Greek national water regime, based on a framework from institutional resource regime theory. The specific framework combines public resource policies with property rights and operationalizes the concept of integration for resource regimes. The paper concentrates on attempts at more integrated water management in Greece (via important national water laws), which were mainly driven by increasing water resource degradation and EU water policies. It is argued that national attempts since the 1980s (especially the 1987 Water Law) were unsuccessful also under the influence of an unfavourable institutional context which prevailed at the time of the attempts. The outcome of a new 2003 Water Law in practice remains to be seen. The path to integration must involve significant efforts to overcome institutional obstacles which hindered integrated water management in the past.
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Davis, Tracy C. "Private Women and the Public Realm." Theatre Survey 35, no. 1 (May 1994): 65–71. http://dx.doi.org/10.1017/s0040557400002568.
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Following the translation of Jürgen Habermas's The Structural Transformation of the Public Sphere into English in 1989, we have come to see “the public” and “the private” as historically contingent categories bearing upon nests of social practices. The public and private are not just distinctions of geography—so that beyond our front doors we are necessarily and unavoidably in the public—for they bear on authority, authorized voice, citizenship, and credibility in democratic societies. Whereas the Hellenic Greek social order recognized freedom only in the public realm, and only embodied by household masters, the nineteenth-century model of separate spheres cast the public realm as the place where individuals defended the family (equated to the private) from state domination while debating the proper roles for the sexes. Unacknowledged in both models is that agents of the state and the private individuals who have access to the public realm are normalized as exclusively male and of the hegemonic class. The Greek and Victorian models—explicitly relegating women to the home (private) and men to the marketplace (public)—are equally open to critique for being as class-blind as they are hyperbolically universalizing of all cultures and sub-cultures, as if they obeyed a natural law instead of ideological preferences. If we write theatre history with either model in mind and assume that “the public” does not carry with it connotations of power, then we are distorting the evidence and misfiring on our interpretations.
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Thanopoulou, Maria, and Joanna Tsiganou. "REPRESENTATIONS OF GENDER IN PUBLIC RHETORIC. THE CASE OF LAW-MAKING ON IMMIGRATION IN THE GREEK PARLIAMENT." Επιθεώρηση Κοινωνικών Ερευνών 117, no. 117 (March 9, 2016): 169. http://dx.doi.org/10.12681/grsr.9562.
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Papalazarou, Ioannis, and Giannis T. Tsoulfas. "Principal management concepts in Greek public sector: Part II – Management by Objectives." HOLISTICA – Journal of Business and Public Administration 9, no. 2 (August 1, 2018): 53–72. http://dx.doi.org/10.2478/hjbpa-2018-0012.
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Abstract The introduction of specific and measurable objectives in the public sector is a practice that seeks to increase the efficiency of public services. This is done with their clear and acceptable identification, both at an individual and organisational level, their measurement with specific indicators and the benchmarking of the results. Goal setting is the essential tool for the specification and implementation of planning for various time horizons. As a detailed guide of organisational priorities, it constitutes the procedure of the determination of clear goals and objectives, deriving from the upper hierarchical level of each organization and their subsequent diffusion to the lower levels in the form of specific actions. This paper is the second and last part of a study about the application of principal management concepts in Greek public sector since year 2004 when Law 3230/2004 was introduced. In this part the experience of the implementation of “Management by Objectives” in Greek public services is analysed. Towards this end, the views and opinions of experts from the public sector are analyzed with the use of interviews and questionnaires. The aggregated results from both parts of the study are presented and discussed by the end of this paper.
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Hofmeister, Hannes. "To Bail Out Or Not to Bail Out?—Legal Aspects of the Greek Crisis." Cambridge Yearbook of European Legal Studies 13 (2011): 113–34. http://dx.doi.org/10.1017/s1528887000001993.
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Abstract Since the precarious state of Greece’s public finances was revealed last October, efforts to save the ‘cradle of Europe’ are in full swing. Hence a huge rescue package for Greece was agreed on in April 2010. This was followed by an even larger EU Stabilisation Fund worth €750 billion for States encountering financial problems. While the economic aspects of these rescue mechanisms have been debated intensively, their legality has escaped closer examination. Rushed through parliaments as an ‘economic emergency’, the peoples of Europe were more or less presented with a ‘fait accompli’. But are these measures really legal under EU law? What about the notorious ‘no bailout’ clause? And what about the alternatives to the rescue packages: Would it have been legal to withdraw from EMU? Or to expel a State from EMU? This chapter will shed some light on these important aspects of EU law.
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Mishyna, N. V. "Hermeneutics in the constitutional law of Ukraine." Наукові праці Національного університету “Одеська юридична академія” 28 (July 26, 2021): 104–9. http://dx.doi.org/10.32837/npnuola.v28i0.702.
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Hermeneutics, having emerged due to innovations in philosophy, is currently used by other humanities, including jurisprudence. Hermeneutics (from the Greek eppriveuco (hermeneutikos) - interpreter) - the art of understanding, comprehension, the doctrine of the interpretation of signs and understanding of meanings in the form of theory of the art of understanding, certain rules (methods, techniques) of interpretation, the art of their application, as well as the process of interpretation; organization, process and result of such correct reasoning, which actualizes various interpretive methodologies, adequate for understanding a text.
Hermeneutic principles and approaches are harmoniously combined with centuries-old legal traditions - because the history of interpretation of legal texts dates back at least to the Renaissance, reflected in many schools (glossators, commentators (postglossators), etc.).
The aim of the article is to demonstrate how the hermeneutics is used in the field of constitutional law based on the self-organized bodies of population's (SOBPs) materials and practice.
The use of the term "self-government" is not entirely successful in the name "territorial public self-government bodies". After all, according to modern doctrinal concepts, one of the conditions for the formation of the rule of law in the country is the division of public power into public state and public municipal (self-governing) power. In this case, public state power is exercised by the relevant bodies, which, as a rule, belong to one of the branches of state power in accordance with the requirements of the concept of its division into legislative, executive and judicial. Municipal power is exercised by local governments. Based on this, both public authorities (local governments) and public municipal authorities (local governments) will function at the level of administrative-territorial units. According to the legislation of Ukraine, SOBPs are part of the system of local self-government, but are not bodies of local self-government. Thus, the use of the word "self-government" in the name of the SOBPs will indicate the system to which the house, street, etc. committees belong, but will be confusing because it will facilitate their identification with local governments. In addition, the use of the name "territorial public self-government" will characterize the nature of the dream bodies as mixed (public - public), which, in the author's opinion, is also not true.
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Papalazarou, Ioannis, and Giannis T. Tsoulfas. "Principal Management Concepts in Greek Public Sector: Part I – The Common Assessment Framework." HOLISTICA – Journal of Business and Public Administration 9, no. 1 (May 1, 2018): 49–64. http://dx.doi.org/10.1515/hjbpa-2018-0004.
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Abstract In the modern era of internationalization, interconnection and rapid technological changes the obligation of the public sector to provide the best possible services to citizens have become challenging tasks. The incorporation of Total Quality Management principles and tools in public services can prove to be decisive given that they contribute to the improvement of the services provided, offer better customer service, help in understanding how the agency is organised and operates, as well as contribute in changing the attitude of employees towards the adoption of a quality culture. Since the mid-00’s, several programmes have been implemented in Greece in order to improve the quality of public services which was, up to that point, dictated only by the need to consolidate relative EU financial resources. This paper is the first part of a study about the application of principal management concepts in Greek public sector since year 2004 when Law 3230/2004 was introduced. In particular it tries to record and assess the experience of the implementation of the “Common Assessment Framework” in Greek public services. Towards this end, the views and opinions of experts from the public sector are analysed with the use of interviews and questionnaires.
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Lyons, Deborah. "Law, Violence and Community in Classical Athens/Greeks Bearing Gifts: The Public Use of Private Relationships in the Greek World, 435-353 BC." American Ethnologist 25, no. 3 (August 1998): 539–40. http://dx.doi.org/10.1525/ae.1998.25.3.539.
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Antonis, Antoniou, Katrakilidis Constantinos, and Tsaliki Persefoni. "Wagner’s law versus Keynesian hypothesis: Evidence from pre-WWII Greece." Panoeconomicus 60, no. 4 (2013): 457–72. http://dx.doi.org/10.2298/pan1304457a.
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With data of over a century, 1833-1938, this paper attempts, for the first time, to analyze the causal relationship between income and government spending in the Greek economy for such a long period; that is, to gain some insight into Wagner and Keynesian Hypotheses. The time period of the analysis represents a period of growth, industrialization and modernization of the economy, conditions which are conducive to Wagner?s Law but also to the Keynesian Hypothesis. The empirical analysis resorts to Autoregressive Distributed Lag (ARDL) Cointegration method and tests for the presence of possible structural breaks. The results reveal a positive and statistically significant long run causal effect running from economic performance towards the public size giving support to Wagner?s Law in Greece, whereas for the Keynesian hypothesis some doubts arise for specific time sub-periods.
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Satış, İhsan, and Muhammed Ceyhan. "The Ottoman Berats of the Greek Orthodox Patrirach of Jerusalem (1872–1931)." Journal of Holy Land and Palestine Studies 14, no. 2 (November 2015): 189–201. http://dx.doi.org/10.3366/hlps.2015.0117.
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Ottoman Berats (charters 1 1 The authors prefer to use the term Berat, a Turkish expression which is also used extensively in the literature. The term ‘charter’ has more institutional meaning and since each Patriarch received its own specific Berat so the word charter does not give the full meaning. ) were official documents issued by Sultans delineating the tasks, powers, exemptions and concessions granted to Greek Orthodox Patriarchs to be the applicable within the jurisdiction of the Patriarchs. The Berat also showed that the Patriarch was elected by the Synod and approved by the Sultan. A Patriarch who did not have Berat could not perform his duties or exercise executive authority. This article critically examines the Berats of the Greek Orthodox Patriarch of Jerusalem in the period 1873–1931. These Berats are analysed in terms of their contents as well as in connection to the way non-Muslims were subject to rules which applied to the domestic relations of the Greek Orthodox community and to public law areas which came within the scope of Sharia law.
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Karageorgou, Vasiliki (Vicky). "The Interrelation between Public Participation and Access to Justice in the eia Context in the Face of the Increasing Use of Digital Technologies: Comment on the cjeu Judgment in the A.Flausch et al Case (C-280/18)." Journal for European Environmental & Planning Law 18, no. 1-2 (February 10, 2021): 39–55. http://dx.doi.org/10.1163/18760104-18010004.
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Abstract The article analyzes the cjeu Judgment in the A. Flausch et al case, which concerns the compatibility of the Greek procedural rules relating to specific aspects of the public participation in the eia context and to a specific aspect of access to justice (time limit) with the respective EU Law provisions in the face of the increasing use of digital technologies in the public participation procedures. This ruling is important, because it sets limits to the procedural autonomy of ms when it comes to the rules that are applied to the eia-related disputes and those that concern the public participation arrangements. It demonstrates, though, the lack of a steady line in the Court’s jurisprudence concerning the standards for assessing the national procedural rules and the role of Article 47 cfr. Moreover, the Court did not lay the ground for an interpretation of the ΕU public participation provisions in a way that an obligation for taking measures could be established, with the aim to ensure equal participation opportunities.
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Es-haghi, Seyyed Jafar, and Mahdi Sheidaeian. "Public Interest in Criminal Procedure and Its Challenges: An Attitude toward Iranian Criminal Law." Journal of Politics and Law 9, no. 5 (June 29, 2016): 1. http://dx.doi.org/10.5539/jpl.v9n5p1.
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<p>Greek philosophers had accepted “rule of law” as desired governance system since it was the only way to provide all citizens’ public interest. In today’s societies where public policy is accountable for the interests of total society or at least its majority, it is too vital to recognize the concept of public interest. Like other concepts, it is also radically transformed in modern age, despite varied perceptions on this concept, modern concept of public interest is understood as recognizing individual rights, accepting utility principle which means to attract the highest interest for most people, respecting legal process and adapting with common values of society independent of individual interests.</p><p>Criminal procedure is shaped in three main areas including criminal process, entities and its governing laws affected by public interest concept. Regulations such as competencies and penal provisional remedy, entities like the public prosecutor’s office and NGOs and criminal process models like crime control are all justified by this concept. In present paper, it is attempted to adapt such claim to Iranian procedural rights by some illuminations.</p>One can claim that criminal procedure is one of the most obvious arenas of public interest where individual rights and freedoms clash. Since criminal procedure is set to provide public interest like many other laws, it also supports individual rights. Such rights include both procedural and substantial rights. On this basis, criminal procedure aims at achieving a balance point between public interest and individual interest. Here, we study the challenge of four rights supported by criminal procedure on public interest in Iranian laws.
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Perrakis, Stelios. "The Hellenic Minority in Albania: Status and Current Developments." Leiden Journal of International Law 9, no. 1 (March 1996): 141–58. http://dx.doi.org/10.1017/s092215659600009x.
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Ever since the creation of the Albanian state in 1913, the Greek-Albanian relations have often been tense and emotional. Mainly focused on the presence and the rights of the Hellenic minority in Albania – and especially in the region of Northern Epirus which was the object of Greek territorial claims for many decades – over the years, these bilateral relations have known many periods of tension with international repercussions. Indeed, from the time of the League of Nations until the catalytic changes in Europe in 1989 and the post-bipolar international order, the issue of the Hellenic minority has dominated and defined the bilateral relations, and has often caused the reaction of international institutions and emotional outbursts of Greek public opinion. Furthermore, it has affected the broader Balkan stage and the security and stability of the region, with the interrelation of minority questions in all Balkan countries.
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Repousis, Spyridon. "Is the third Greek Memoranda of Understanding and Loan Agreement of August 2015 odious?" Journal of Money Laundering Control 20, no. 3 (July 3, 2017): 220–30. http://dx.doi.org/10.1108/jmlc-11-2015-0051.
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Purpose The purpose of this study is to examine the odious debt concept in Greece. In Greece, the odious debt concept received high attention during recent financial crisis and Greek or Hellenic Parliament decided to establish a Special Committee. Design/methodology/approach The Greek Parliament Truth Committee on Public Debt investigated the public debt in Greece, and the main findings are: increase of debt was related to the growth in interest payments, high public spending in defence expenditures associated with corruption scandals, falsification of public deficit and debt statistical data and illicit capital outflows and adopting the euro led to a drastic increase in private debt. Findings Based on above the third Memoranda of Understanding (MoU) and the August 2015 loan agreement, according to Greek Parliament Truth Committee on Public Debt are illegal, illegitimate and odious because they fail to recognize the odious character of Greece’s existing debt, and the nature of the instruments by which this debt was financed from 2010 until early 2015. The Third MoU and the August 2015 loan agreement violate the fundamental human rights of the Greek people (both civil and political as well as socio-economic rights) as set out in the Greek Constitution and under international law (treaty-based and customary). Research limitations/implications On the other side of results, Greece was a democratic regime during the time it contracted the vast majority of its loans and membership into the Eurozone, which benefitted country by gaining the highly low interest rates that euro currency involved. Also, substantial borrowing for Greece spent directly on the people via social welfare and public sector wages and infrastructure development. Practical implications Therefore, Greece, instead of the odious debt doctrine, should resort to other debt solutions such as simple debt repayment, restructuring or “haircut” of the debt (principal and interest) or declare bankruptcy without invoking the odious debt doctrine. Although this recourse avoids the dangerous precedent-setting risks of the odious debt doctrine, it also involves numerous other complexities and policy problems because with default, the banking system would collapse. Originality/value It is the first study examining the topic of odious public debt in Greece.
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Tinios, Platon. "International accounting standards as catalysts for pension reform: Greek pensions and the public/private boundary." Journal of European Social Policy 21, no. 2 (May 2011): 164–77. http://dx.doi.org/10.1177/0958928710395046.
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Lampropoulou, Manto. "Agencification in Greece: a parallel public sector?" International Journal of Public Sector Management 34, no. 2 (January 8, 2021): 189–204. http://dx.doi.org/10.1108/ijpsm-09-2020-0252.
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PurposeThe purpose of this paper is to provide insights into the impact of agencification on the process of administrative reorganization in Greece. It is suggested that agencies tend to create a parallel administrative space that operates disjointly or even detached from the central bureaucracy. This hypothesis is tested and elaborated in relation to Greece's centralist administrative tradition.Design/methodology/approachThe analysis identifies the critical junctures of the domestic agencification pattern and seeks to explain its evolution on the basis of historical-cultural factors, rational choice explanations and country-specific variables. The methodology combines quantitative and qualitative research. Along with a review of existing literature, data were collected through semi-structured interviews and the Registry of Entities and Agencies.FindingsThe findings show that agencification never became a coherent policy reform tool, while its outcomes were filtered by the centralist and politicized tradition of the Greek state. The effect of agencification was proved to be highly path-dependent and contingent upon the broader administrative tradition. The agencification policy does not follow a clear direction and has been shaped as a random combination of ad hoc decisions, external pressures and domestic politics.Research limitations/implicationsThe paper provides some generalizations of the agencification experience. However, they do not cover all specificities and particularities of agencies and their applicability varies. Further research could consider these variations.Originality/valueA novelty of this study is that it links the agencification effect with three key aspects of the administrative reform process, namely, decentralization, debureaucratization and depoliticization. In addition, no single study exists regarding agencification in Greece; thus, the paper is the first to provide an overall view of the Greek arm's length bodies.
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Angelini, Paolo. "The Code of Dušan 1349–1354." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 80, no. 1-2 (2012): 77–93. http://dx.doi.org/10.1163/157181912x626920.
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AbstractIn 1349 Stefan Dušan enacted a code that was part of a tripartite codification with the Abridged syntagma and the so-called Law of Justinian. The Serbian emperor introduced in his empire a Byzantine legal system, even if elements of Slavic customary law were preserved. Physical mutilations and punishments, death penalty, public penal system, personal liability were unknown to the Slav populations and have to be connected to the Greek-Roman law influence. This influence is evident both in civil and criminal law and in this sense the dispositions of the Code of Dušan must be connected to the two other Byzantine compilations. Dušan's attempt failed just a few years after his death because of the fall of the Serbian empire due to the Ottoman advance.
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Stevis, Dimitris. "The Politics of Greek Environmental Policy." Policy Studies Journal 20, no. 4 (December 1992): 695–709. http://dx.doi.org/10.1111/j.1541-0072.1992.tb00191.x.
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Bazhenova, Elena. "The Origins of Natural Law Thinking in the Ideas of Ancient Greek Sophists: Protagoras and Antiphon." Proceedings of the Institute of State and Law of the RAS 14, no. 1 (March 14, 2019): 9–33. http://dx.doi.org/10.35427/2073-4522-2019-14-1-bazhenova.
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Protagoras and Antiphon are the first authors known to us who offered their views on the correlation between human nature, on the one hand, and the requirements of the law and positive morality, on the other. With Protagoras and Antiphon, the conventional character of law and morality, as well as the existence of a moral obligation to obey the law, became vital subjects of philosophical discussion. Protagoras, according to Plato’s testimony in the dialogues "Protagoras" and "Theaetetus", attempted to reconcile individual and public interests with the help of the concept of universal virtue, which all citizens of the polis should participate in. This attempt, however, is difficult to regard as successful, since, according to the logic of Protagoras, virtue is only a means for the survival of individuals and ensuring their security. While providing justification of the paramount importance and natural character of civic virtues, Protagoras at the same time allows for the possibility of following them only for appearance, as a cover for selfish motives.Antiphon views the contract between people as the sole and sufficient basis of law and morality. Approaching the problem from an individualistic point of view, Antiphon sharply contrasts nature and convention. Nevertheless, he considers the former rather in terms of benefits and harms of following it, and not as a source of objective moral prescriptions. According to this interpretation, nature and convention are two different worlds; one may chose which of them to follow, but it is impossible to reconcile them. Neither Protagoras, nor Antiphon offers any consistent concept of human nature, and that is why their ideas could not be characterized as natural law in the full sense of the word. Their views of nature do not yet contain fundamental standards, with which human law and conventional morality could be compared. The main weakness of both theories is their inability to give account of the social character of human nature. At the same time, the undoubted merit of Protagoras and Antiphon is the very statement of the question of the priority of nature or the convention, individual or public interests, as well as of the possibility of their harmonization. The ideas of two senior sophists played a decisive role in shaping the intellectual climate, in which, primarily in direct controversy with them, Plato and Aristotle produced much more elaborate concepts of human nature; and the natural law tradition emerged.
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Terpsiadou, Marianthi H., and Anastasios A. Economides. "The use of information systems in the Greek public financial services: The case of TAXIS." Government Information Quarterly 26, no. 3 (July 2009): 468–76. http://dx.doi.org/10.1016/j.giq.2009.02.004.
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Stevanovic, Lada. "Private is (not) public: About Antigone’s mourning voice and its echo in Hegel and Kierkegaard." Filozofija i drustvo 24, no. 1 (2013): 254–72. http://dx.doi.org/10.2298/fid1301254s.
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This paper presents a rereading of the interpretations of Antigone by Hegel and Kierkegaard on the grounds of research of Sophocles? text and its performance in Athenian theatre in the context of socio-political climate of the fifth century Athens. Focus is placed on the political aspect of theatre, as well as on the figure of Antigone, her voice and her action, which is the subject recognized by Hegel. However, what this interpretation lacks is the notion that Antigone is political and not pre-political figure. This political aspect reveals itself within the research of ancient Greek lamentation and funeral ritual as an exclusively female practice in ancient Greek tradition, which was subjected to regulations and control in particular by the law of Solo (6th ct. BC). However, new political organization was not based on family relation and aristocratic clans, as before, but exclusively on political bodies. So, for example the vendetta, which was formulated by women during the lamentation, was banned by law. Still, in spite of many laws and regulations by the state, and later on (in the Byzantine period) the church, women in Greece succeeded in keeping their important position in all the practices around the dead, almost until the end of the XX century. So, we see the example of traditional practice that functions on the margins of the society endangering and controlling its official political structure in pre-modern societies. What are the echoes of the political figure of Antigone, as a woman in charge of the family funeral duties, in the text of Hegel and in the text of Kierkegaard. Where is her voice? And does she act politically or privately?
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Sotirakou, Tatiana, and Mary Zeppou. "How to align Greek Civil Service with European Union public sector management policies." International Journal of Public Sector Management 18, no. 1 (January 2005): 54–82. http://dx.doi.org/10.1108/09513550510576152.
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BURGIS, MICHELLE. "Transforming (Private) Rights through (Public) International Law: Readings on a ‘Strange and Painful Odyssey’ in the PCIJ Mavrommatis Case." Leiden Journal of International Law 24, no. 4 (November 3, 2011): 873–97. http://dx.doi.org/10.1017/s0922156511000410.
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AbstractStraddling both the centres of (European) power and the shifting dynamics of the post-Ottoman world in a quest to guarantee private rights through public international legal redress, the PCIJ Mavrommatis case provides a rich resource for interrogating the extent to which international law during the League period could speak for voices on the edge of empire. In this article, historical consideration of the regimes of empire and Mandate form the backdrop to an exploration into how international legal discourse (re)configured the relationship between the core and the periphery, especially for those peoples awaiting the promise of self-determination and sovereignty. The figure of a lone Greek investor and his dashed hopes in the newly created Palestine Mandate is the backdrop to this tail of ever-shifting interpretations of public and private rights, of speech as well as silence before and beyond the Peace Palace.
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Hofmeister, Hannes. "To Bail Out Or Not to Bail Out?—Legal Aspects of the Greek Crisis." Cambridge Yearbook of European Legal Studies 13 (2011): 113–34. http://dx.doi.org/10.5235/152888712801752951.
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AbstractSince the precarious state of Greece’s public finances was revealed last October, efforts to save the ‘cradle of Europe’ are in full swing. Hence a huge rescue package for Greece was agreed on in April 2010. This was followed by an even larger EU Stabilisation Fund worth €750 billion for States encountering financial problems. While the economic aspects of these rescue mechanisms have been debated intensively, their legality has escaped closer examination. Rushed through parliaments as an ‘economic emergency’, the peoples of Europe were more or less presented with a ‘fait accompli’. But are these measures really legal under EU law? What about the notorious ‘no bailout’ clause? And what about the alternatives to the rescue packages: Would it have been legal to withdraw from EMU? Or to expel a State from EMU? This chapter will shed some light on these important aspects of EU law.
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Tărchilă, Petru. "HISTORICAL EVOLUTION OF THE LAW." Agora International Journal of Juridical Sciences 9, no. 3 (October 9, 2015): 54–59. http://dx.doi.org/10.15837/aijjs.v9i3.2114.
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The entire community acted according to these rules because their disobedience had an influence on the survival of the entire community, as they had a powerful mystical and religious character. Sanction measures evolved along with the evolution of communities and they were applied to individuals who disobeyed and broke these rules. Thus, the first forms of human community used the death penalty (blood revenge[1]) as means of punishment for serious violation of the rules of coexistence. Later on, death penalty was replaced by the individual`s expulsion from the community and as communities evolved, material redemption was used instead of expulsion. The first judicial norms (the germs of law) developed among these social cohabitation, organization and behaviour rules. Judicial norms differed from other rules due to their compulsory character and by appeal to the coercive force of the community when they were broken by certain individuals. The change of social, customized norms into judicial norms and the emergence of law as independent entity take place along with the occurrence of state and public power rooted in the Greek – Roman Antiquity. It has been set that law is a social phenomenon incidental to human society; thus, Romans have expressed this statement through the phrase: “ubi societas, ibi jus”, namely law occurs along with the society. Law, like society is not a static, immutable entity issued once and for all; they are under constant development and social-historical evolution. As social phenomenon, social law experiences a constant historical evolution, bearing the mark of historical periods and cultural, spiritual and religious features of nations. [1][1] see I. Craiovan, Teoria generala a dreptului, Ed. Sibila, Craiova, 2009, pp. 11-15.
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Love, Ben. "The International Court of justice: Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening)." International Legal Materials 51, no. 3 (June 2012): 563–605. http://dx.doi.org/10.5305/intelegamate.51.3.0563.
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On February 3, 2012, the International Court of Justice (‘‘ICJ’’ or ‘‘Court’’) issued a widely-anticipated judgment in a dispute over state immunity between Italy and Germany. The Court found that Italy violated its international law obligation to respect the jurisdictional immunity of the German state by: (i) allowing individuals to bring civil claims against Germany in Italian courts for violations of international humanitarian law committed by the German Reich between 1943 and 1945; (ii) declaring Greek judgments finding similar international law violations by Germany enforceable in Italy; and (iii) taking measures of constraint against public and non-commercial property owned by Germany in Italy. The Court accordingly found that Italy must ensure that the decisions of its courts infringing upon Germany’s immunity cease to have effect.
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Georgiadou, N., and G. Kakarelidis. "Greece ∙ Flight 9525 Crash: Balance Between the Rights of Medical Confidentiality and the General Right of Public Safety under Greek Law." European Data Protection Law Review 6, no. 4 (2020): 560–66. http://dx.doi.org/10.21552/edpl/2020/4/12.
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Kivotidis, Dimitrios. "The Pharmakon of Democracy." Social & Legal Studies 27, no. 6 (September 21, 2017): 755–75. http://dx.doi.org/10.1177/0964663917731615.
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This article examines the role of the Greek referendum of 2015 in the context of the Greek socio-economic and political crisis. The analysis of the mediating role of referendum in the process of class struggle leads to a more general argument relating to fundamental concepts of public law, namely, ‘general will’ and the ‘people’. Central to the analysis is the question of whether referendums are a remedy for the problems facing the institutions of representative democracy. By analysing the process of the Greek referendum, with a focus on the formulation of the question and the interpretation of the verdict of the Greek people by the executive power, a more general argument is constructed regarding the mediating role of the referendum in a crisis and the legitimating role of such concepts in a class-divided society. In a context of rising inequality and furthering distantiation of the popular strata from decision-making processes, the referendum is shown, on the one hand, as a remedy for the failings of representative institutions on behalf of capital and necessary for the reproduction of capitalist relations. On the other hand, on the background of a discussion of the relation between democracy and capitalism, it is argued that the referendum acts as a different kind of poison for the people themselves and the struggle of the popular classes.
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Goulielmos, Alexander M., and Angeliki Pardali. "The framework protecting ports and ships from fire and pollution." Disaster Prevention and Management: An International Journal 7, no. 3 (August 1, 1998): 188–94. http://dx.doi.org/10.1108/09653569810223272.
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Presents the status of public policy on protecting ports and ships and describes Greek law and practice regarding combating ship fires. Also “best practices” are identified with regard to preventing and suppressing fires on ships. Authors believe that a neglected topic is the protection of the port sea environment, a problem which made ESPO (European Sea Ports Organisation) create a code of practice for protecting the port environment and DG VII to implement it but are these sufficient for the protection of ports and ships?
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Diakomihalis, Mihail, Maria I. Kyriakou, and Anargyros Sideris. "Port Efficiency and the Financial Performance of Greek Public Ports Before and During the Economic Crisis." Maritime Policy & Management 48, no. 5 (February 23, 2021): 651–71. http://dx.doi.org/10.1080/03088839.2021.1887528.
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Ceglarska, Anna. "Prawo jako opowieść. Zagadnienie mitu w interpretacji prawa." Studia Iuridica Lublinensia 30, no. 2 (June 30, 2021): 49. http://dx.doi.org/10.17951/sil.2021.30.2.49-61.
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<p>The fact that various myths influence the shape of law and the mythologization of some of its aspects is indisputable. In most cases, this process of “mythologization” is perceived pejoratively, leading to the establishment of groundless, irrational ideas and at the same time the rejection of “science” in favor of “fiction”. This article aims to propose a different approach to both the concept of myth and the mythologization of law, by referring to the classical, ancient understanding of the concept of mythos as a fable, story. Ancient Greek myth performed a function similar to the law, establishing some basic rules in society. Stressing its “narrative” side indicates that what matters is not so much a description of reality, but a process that emphasizes the relational nature of the community. Thus, relating the myth, just like reading the norm of law, is an interpretation of the event in the light of applicable principles and systems of values, while being also a continuous process of shaping social awareness. Interpreting the law as a story means that those who create and use it lose the luxury of simply remaining the “mouth that pronounces the words of the law” as Montesquieu stated, since they are supposed to care not only for its implementation, but also for the quality and conviction of citizens as to its validity. The proposed form of reading the law as a myth-fable, political myth therefore is a search for a plot, understood as a possibility to act, to respond to the needs and problems of the changing world as well as the development of “the political” politics and education of citizens.</p>
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Tsaoussi, Aspasia, and Andreas Feidakis. "Competitiveness, Gender and Ethics in Legal Negotiations: Some Empirical Evidence." International Negotiation 14, no. 3 (2009): 537–70. http://dx.doi.org/10.1163/138234009x12481782336302.
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AbstractThe role of gender in negotiation has been extensively explored and documented in a now rich body of literature. A main strand of empirical evidence suggests that women, largely due to their gender socialization, tend to be weaker negotiators relative to men and consequently, less effective in pursuing their economic, social or family interests in diverse bargaining settings. We present findings from a Greek setting that paint a different picture, in which gender does not have a strong impact on the negotiating process when the negotiating parties are members of a competitive profession. We selected three different groups (Greek attorneys-at-law, Greek business students and a control group comprised of young employees in public and private organizations) and distributed self-assessment questionnaires to test for negotiating style and gender-specific negotiation behavior. Our findings suggest that differences which may be attributed to gender are less pronounced for Greek legal practitioners. Stronger determinants of successful outcomes in negotiations are negotiators' individual characteristics (competitive negotiating style, persuasion, social and emotional intelligence) and the conformity of Greek lawyers of both sexes to the competitive group norms of their profession. Therefore, the shared norms and values of professional culture play a critical role in how lawyers negotiate. We discuss these findings in the context of a larger social setting, especially by reference to the changing hierarchies and shifts in power in a legal profession increasingly populated by women.
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Issaias, Platon. "From the Flat to the City: The Construction of Modern Greek Subjectivity." Joelho Revista de Cultura Arquitectonica, no. 8 (December 26, 2017): 126–39. http://dx.doi.org/10.14195/1647-8681_8_8.
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Athens is not built by large scale masterplans. Large public or private housing projects are nowhere to be found. Even an empirical observation of the city makes one thing immediately apparent: the city is defined by a construction model that is actualised by a singular building unit. The polykatoikia systems, is made of buildings, on average four to five storeys high, organized in irregular, fragmented plots in a patchwork of discontinuous grids, made of in situ, labour-intensive concrete frames, filled with bricks, plastered, something that ultimately looks like a stack of slabs with rather continuous balconies. The essay develops a critical reading of this model, presenting the way this domestic environment and distinct architectural typology mediated social conflict and economic development in post-war Greece. Architecture and urban management are presented here relating production with the role and the function of family and inheritance, the real estate market, law, and the construction industry.
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Chifos, Carla, Zaharias Doxastakis, and Michael C. Romanos. "Public discourse and government action in a controversial water management project: the damming of the Aposelemis River in Crete, Greece." Water Policy 21, no. 3 (March 13, 2019): 526–45. http://dx.doi.org/10.2166/wp.2019.140.
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Abstract The politics and practices of decision-making in a large dam project on the Greek island of Crete is investigated through the case study of the Aposelemis Dam, a European Union (EU)-funded development project to supply drinking water to three urban centers and major tourist destinations. Our study employs a modified version of the World Commission on Dams (WCD) evaluation framework. We compare the processes used in Greece with the best practices suggested by the WCD framework. Our study reveals three areas of weakness in this project. First, the political decision to build the dam took place in the absence of reliable hydrological studies and in the face of strong opposition from the residents, local governments, and professional organizations. Second, during the stages of planning, design, implementation, and operation of the project, the Greek government failed to follow transparent procedures in its deliberations. Affected residents and local governments in all the stages of the project were disregarded and mitigation of negative effects was negligible. And, third, the comprehensive sustainable regional development goals of the EU funding were never materialized.
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Maniadaki, Maria, Athanasios Papathanasopoulos, Lilian Mitrou, and Efpraxia-Aithra Maria. "Reconciling Remote Sensing Technologies with Personal Data and Privacy Protection in the European Union: Recent Developments in Greek Legislation and Application Perspectives in Environmental Law." Laws 10, no. 2 (May 11, 2021): 33. http://dx.doi.org/10.3390/laws10020033.
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Using remote sensing technologies to ensure environmental protection responds to the need of protection of a right and a public good and interest. However, the increasing introduction of these technologies has raised new challenges, such as their interference with the rights of privacy and personal data, which are also protected fundamental rights. In this paper the importance of remote sensing technologies as tools for environmental monitoring and environmental law enforcement is analyzed, while legal issues regarding privacy and data protection from their use for environmental purposes are presented. Existing legislation for reconciling emerging conflicts is also examined and major European Court of Human Rights (ECtHR) and Court of Justice of the European Union (CJEU) case law on the issue is approached. Finally, recent developments in Greek legislation and their application perspectives in environmental law are presented as a timely “case study”.
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Pittrof, Sabine. "Compensation Claims for Human Rights Breaches Committed by German Armed Forces Abroad During the Second World War: Federal Court of Justice Hands Down Decision in theDistomoCase." German Law Journal 5, no. 1 (January 1, 2004): 15–21. http://dx.doi.org/10.1017/s2071832200012220.
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In recent times, an increased awareness in public international law of the significance of human rights has given rise to the idea of direct access to compensation claims by individuals in the case of severe human rights breaches. This development has led to a number of actions for compensation in various jurisdictions. TheBundesgerichtshof(BGH – Federal Court of Justice) recently joined the series of decisions from higher courts addressing compensation claims for human rights breaches, handing down its landmark decision on compensation claims by Greek citizens whose parents were killed in a massacre in Distomo during the Second World War.
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ANGELINI, Paolo. "L'influenza del diritto criminale bizantino nel Codice di Dušan. 1349-1354." BYZANTINA SYMMEIKTA 21, no. 1 (March 23, 2012): 217. http://dx.doi.org/10.12681/byzsym.1021.
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<p>THE INFLUENCE OF THE BYZANTINE CRIMINAL LAW IN THE CODE OF DUSAN. 1349-1354 </p><p>Stefan Dušan enacted the <em>Code of Dušan</em> in 1349. Its dispositions must be considered in relation with two Byzantine compilations that constituted the imperiale tripartite codification: the so-called <em>Law of Justinian</em> and to the <em>Abridged syntagma</em>. The Byzantine juridical influence must be considered very relevant in criminal law: public pain system, legal action <em>ex officio</em> by state, pain of death, physical punishments and mutilations, were juridical concepts and institutions unknown to Slav people before their convert to Christianity, and their introduction must be connected to the Byzantine religious, cultural and juridical influence. Considering the difference with Slav customary law (even if some elements derivating from it were preserved) and the connections with Greek-Roman compilations it can be underlined Dušan’s attempt to create and introduce in his empire a Byzantine legal system.</p>
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Rovolis, Antonis, and Nigel Spence. "Promoting Regional Economic Growth in Greece by Investing in Public Infrastructure." Environment and Planning C: Government and Policy 20, no. 3 (June 2002): 393–419. http://dx.doi.org/10.1068/c9761.
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The role of public infrastructure capital in the development process, either at national or at regional levels, was a relatively neglected area of research until recently. The innovatory work of Aschauer, and the ensuing debate between himself, Munnell, and Holtz-Eakin regarding the role of infrastructure in the development process in the USA, has spawned much interest in the issue. The authors aim to assess the impact of public capital on Greek manufacturing industries, especially focused at the regional scale. Capital stocks were estimated for the private and public sectors and Cobb—Douglas production functions were used in the analytical framework. The results suggest that the role of private capital in economic development in recent times has been marginal, as private investment has declined, whereas the role of labour and public capital has been both positive and significant. The authors segregate public capital into ‘productive’ and ‘social’ infrastructure; they argue that when productive infrastructure makes a positive contribution to production output, the impact of social infrastructure is insignificant and/or negative in most cases. The network effects of infrastructure are also estimated.
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Kufidu, Stella, Evgenia Petridou, and Dimitris Mihail. "Upgrading managerial work in the Greek civil service." International Journal of Public Sector Management 10, no. 4 (July 1997): 244–53. http://dx.doi.org/10.1108/09513559710180510.
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