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Articles de revues sur le sujet « Constitutional law – Greece »

Auteur : Grafiati

Publié le 10 mars 2023

Mis à jour le 31 juillet 2025

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1

Grabowski, Radosław. "The principles that guided the of amending the Constitution of Greece in 1975 in the light of available classifications." Studia Politologiczne 2020, no. 56 (2020): 183–94. http://dx.doi.org/10.33896/spolit.2020.56.12.

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Of all the procedures regulated by legal acts recognized as full constitutions, the provisions regulating the changes to the constitution play a particular role in the system. Their design determines the possibility or impossibility of adapting the basic law to the changing social, economic and political realities, which may reflect the constitutional stability, but it also stabilizes the constitution of a state into a certain shape. The proposed divisions, as well as the precise instruments of constitutional classification based thereon, can facilitate academic discourse and enrich didactics.

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Darijus, Beinoravičius, Mesonis Gediminas, and Vainiutė Milda. "The Role and Place of the Preamble in Lithuanian Constitutional Regulation." Baltic Journal of Law & Politics 8, no. 2 (2015): 136–58. http://dx.doi.org/10.1515/bjlp-2015-0022.

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Abstract While analysing constitutions of various countries in the legal literature, typically not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state’s constitution has a unique structure, certain regularities can be discerned. The analysis of the structure of various constitutions leads to the conclusion that normally each constitution consists of the following standard structural parts: the preamble, the main part, the final, transit

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Riyanto, Astim. "HUKUM KONSTITUSI SEBAGAI SUATU ILMU." Jurnal Hukum & Pembangunan 39, no. 1 (2009): 119. http://dx.doi.org/10.21143/jhp.vol39.no1.199.

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AbstrakThe Law of the Constitution as a science, because all of qualification of aknowledge become a science that self-exist was folfilled. Qualification of aknowledge become a science that self-exist meant, that are to has self-objectstudy, has self-method, has utilities value, systematic piled up, logicdissection, has the character of universal, has special senses, and issupported by their experts/ scholars. The Law of the Constitution as ascience, its the way is begun from investigation of Aristotle (384-322 B.C.) to158 constitutions city states from 186 city states ancient Greece. The resu

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Eleftheriadis, Pavlos. "Constitutional Reform and the Rule of Law in Greece." West European Politics 28, no. 2 (2005): 317–34. http://dx.doi.org/10.1080/01402380500059777.

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Recker, Sebastian. "Casenote –– Euro Rescue Package Case: The German Federal Constitutional Court Protects the Principle of Parliamentary Budget." German Law Journal 12, no. 11 (2011): 2071–75. http://dx.doi.org/10.1017/s2071832200017715.

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In its Aid Measures for Greece and Euro Rescue Package case, the German Federal Constitutional Court affirmed the Parliament's budget authority to provide financial aid measures to the European Monetary Union. The judgment conforms to the German Federal Constitutional Court's case law concerning the transfer of sovereign power to international organizations and reaffirms that German participation in international organizations is linked to constitutive pillars of the German Basic Law. One of these pillars is the Principle of Parliamentary Budget. This principle provides that any financial aid

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Bichkov, Іgor. "The Kelsen model of constitutional jurisdiction as the theoretical basis of the European system of constitutional justice." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 131–36. http://dx.doi.org/10.36695/2219-5521.1.2020.25.

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The article is devoted to the study of the content of the model of constitutional jurisdiction proposed by H. Kelsen, which at one time actually became the theoretical basis of the modern European system of constitutional justice. It is stated that the model formulated by a well-known Austrian law theorist not only envisaged instrumental-institutional proposals for the creation of a new public authority, but also embodied the definite concept of common sense of law defined by Kelsen, which was based on the ideas of a hierarchical legal system acts of the Constitution as the law of the highest

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Papademetriou, Theresa. "Marriage and Marital Property under the New Greek Family Law." International Journal of Legal Information 13, no. 3-4 (1985): 1–40. http://dx.doi.org/10.1017/s0731126500018709.

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The movement for a civil law reform in Greece that was initiated in 1975 with the constitutional guarantee of equal rights and obligations of the sexes led to the adoption of Law 1329/1983 on the Application of the Constitutional Principle of Equality of the Sexes in the Civil Code and Its Introductory Law, in Commercial Legislation, and in the Code of Civil Procedure, as well as to Partial Modernization of Certain Provisions of the Civil Code Regarding Family Law.

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Gamba, Dimitra, and Dimosthenis Lentzis. "Crafting Constitutional Identity in the Era of Migration and Financial Crises–The Case of Greece." German Law Journal 18, no. 7 (2017): 1683–702. http://dx.doi.org/10.1017/s2071832200022495.

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The debate on the exact meaning and content of their constitutional identity has a long history in many European countries, with national courts playing the leading role. Ten years ago, this debate was given a new boost by the Treaty on European Union (TEU), article 4 paragraph 2 of which urges the European Union to respect the constitutional identities of the Member States. The national courts in a number of Member States saw in this provision the recognition of their zealous efforts to control the ongoing expansion of EU competences and to overcome the absolute primacy of EU law over domesti

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Vale, Luís António Malheiro Meneses do. "Asking for Directions: The Origins of Gomes Canotilho Directive Constitutionalism at the Crossroads of Contemporary Constitutional Thought." Verfassung in Recht und Übersee 56, no. 3 (2023): 524–48. http://dx.doi.org/10.5771/0506-7286-2023-3-524.

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As part of a wider critical-reconstructive reflection, this foray into the theory of the directive constitution, advanced by Gomes Canotilho in 1982 and highly influential in Latin-American and Southern-European countries, hopes to capitalize on its inspiring suggestions, while making them available to a wider public. The attempt is to topically reconstitute the basic genealogy of Canotilho’s proposal, by searching for some of its sources and tributaries within the context of: (1) the New International Economic Order and the developmental constitutionalist projects to which it directly or indi

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Baharestanfar, Mohammadreza, and Seyed Mohammad Hashemi. "Protecting Human Rights and Constitutional Law in Bicameral Systems." Journal of Politics and Law 11, no. 1 (2018): 17. http://dx.doi.org/10.5539/jpl.v11n1p17.

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Background and objective: The second legislative chamber has played different roles and functions since its formation in ancient Rome and Greece. The philosophy behind the presence of this chamber (either in Federal systems or unitary systems) was a matter of controversy between its proponents and critics. There are more than 78 countries with two legislative chambers in the world. Protecting constitutional law and human rights are two notable functions of the second chambers. Research method: This paper used the descriptive–analytical method. The methods used by some second chambers are discu

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Kombos, Constantinos. "Constitutional Review and the Economic Crisis: In the Courts We Trust?" European Public Law 25, Issue 1 (2019): 105–33. http://dx.doi.org/10.54648/euro2019007.

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A reflection on the constitutional effects of the economic crisis is now both possible and useful. The paper assesses the judicial reaction to the national and EU measures introduced for containing the economic crisis. The focal point of analysis is the intensity of review and the judicial justifications given during that period. The working hypothesis is that the jurisprudence is characterized by the utilization of the ‘crisis vocabulary’, by the application of a low intensity review yardstick, by the application of a narrower in scope version of the principle of proportionality and by the wi

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Honchar, O. O. "European experience in the selection of judges of constitutional jurisdiction bodies." Analytical and Comparative Jurisprudence 1, no. 3 (2025): 112–23. https://doi.org/10.24144/2788-6018.2025.03.1.15.

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The article provides a comparative legal analysis of the formation of constitutional jurisdiction bodies in European countries, procedures for selecting their members, and the requirements for candidates aspiring to be constitutional court judges. Research indicates that European countries implement both American and European models of constitutional review. The only notable exception is the Kingdom of the Netherlands, which lacks a body of constitutional jurisdiction due to constitutional prohibitions against reviewing laws for compliance with the Constitution and assessing constitutional adh

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Triantafyllopoulou, Athanasia. "Institutional Manipulation and Political Control as Methods of Organizing Intergovernmental Relations in Greece." Review of European Studies 14, no. 1 (2022): 14. http://dx.doi.org/10.5539/res.v14n1p14.

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Greek local government is an institution of power. Its power is based on popular sovereignty, as local authorities are elected by universal and secret ballot, and its public policies are based on the country&#39;s fundamental law, the Constitution. However, the legislator, disregarding this Constitutional Regulation insists on determining the competences appointed to local government and the areas of its competence, acting often beyond the limits of the Constitution. In addition to local government affairs defined by law, central administration grants to local government affairs which belo

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Ioannidis, Michael. "The ECtHR, National Constitutional Law, and the Limits of Democracy: Sitaropoulos and Others v. Greece." European Public Law 17, Issue 4 (2011): 661–71. http://dx.doi.org/10.54648/euro2011043.

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This article discusses the decision of the First Chamber of the European Court of Human Rights in the case Sitaropoulos and Others v. Greece. In this case, the Court was asked to examine whether the omission of Greece to provide two Greeks residing in France with effective means to exercise their voting right from abroad was compatible with Article 3 of the First Protocol to the ECHR. The Court found that the Greek omission violated the applicants' right to free elections as guaranteed by Article 3. This finding deserves close scrutiny not only because of its potential impact on the Greek poli

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Kyrychenko, Oleh, and Hanna Davlyetova. "Constitutional regulation of the right to appeal to state authorities and local government bodies." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (2020): 64–69. http://dx.doi.org/10.31733/2078-3566-2020-4-64-69.

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The article examines the constitutional practice of normative regulation of the right to appeal to public authorities and local governments, enshrined in Art. 40 of the Constitution of Ukraine and in similar norms of the constitutions of European states. The necessity of stating the specified norm in the new edition is substantiated. The right to appeal to public authorities and local governments, their officials and officials occupies a special place in the human rights system and is one of the most important organizational and legal forms of public participation in the socio-political life o

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Khalilov Farman, Yunis, and Ali Qadimov Tofiq. "The necessity of constitutional reforms in the context of an electronic society and the legal foundations of the ‘smart constitutionalism’." Porta Universorum 1, no. 5 (2025): 13–23. https://doi.org/10.69760/portuni.0105002.

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The accelerating pace of digital transformation and the rise of artificial intelligence have created unprecedented challenges and opportunities for constitutional governance. This article explores the necessity of constitutional reforms in response to the emergence of electronic societies, proposing the concept of “smart constitutionalism” as a legal paradigm that integrates digital realities with classical constitutional principles. Through a comparative analysis of pioneering constitutional developments in countries such as Greece, Mexico, and Chile, the paper examines how digital rights, in

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Pavoni, Riccardo. "Simoncioni v. Germany." American Journal of International Law 109, no. 2 (2015): 400–406. http://dx.doi.org/10.5305/amerjintelaw.109.2.0400.

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With Judgment No. 238/2014, the Italian Constitutional Court (hereinafter Court) quashed the Italian legislation setting out the obligation to comply with the sections of the 2012 decision of the International Court of Justice (ICJ) in Jurisdictional Immunities of the State (Germany v. Italy; Greece intervening) (Jurisdictional Immunities or Germany v. Italy) that uphold the rule of sovereign immunity with respect to compensation claims in Italian courts based on grave breaches of human rights, including—in the first place—the commission of war crimes and crimes against humanity. The Court fou

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Reus-Smit, Christian. "The Constitutional Structure of International Society and the Nature of Fundamental Institutions." International Organization 51, no. 4 (1997): 555–89. http://dx.doi.org/10.1162/002081897550456.

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Modern states have constructed a multiplicity of issue-specific regimes to facilitate collective action. The majority of these institutions are specific instances of the deeper institutional practices that structure modern international society, notably the fundamental institutions of contractual international law and multilateralism. Two observations can be made about fundamental institutions. First, they are “generic” structural elements of international societies. That is, their practice transcends changes in the balance of power and the configuration of interests, even if their density and

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Duhamel, Olivier. "Igniting the Spirits." European Constitutional Law Review 1, no. 1 (2004): 12–16. http://dx.doi.org/10.1017/s157401960500012x.

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‘The Cypriot Minister for Foreign Affairs, George Iacavou, asked in Luxembourg to maintain in the European Constitution project the quotation of the Greek historian Thucydides which had been crossed out in the last document of the Irish Presidency. According to AFP, Hellenists affirmed that the sentence (“our Constitution... is called a democracy because the power is in the hands not of a minority, but of the greatest number”) was badly translated and also that Thucydides was a disputed personality’.Let us note that the translation was already modified by the Convention. The first version evok

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Anagnostou, Dia. "Gender Constitutional Reform and Feminist Mobilization in Greece and the EU: From Formal to Substantive Equality?" Canadian Journal of Law and Society / Revue Canadienne Droit et Société 28, no. 02 (2013): 133–50. http://dx.doi.org/10.1017/cls.2013.18.

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Abstract Over the past fifteen years, substantive equality and the idea of positive measures to tackle the structural roots of gender inequality have increasingly gained currency in Europe. Focusing on the case of Greece, this article explores the factors that promote constitutional and statutory reforms to promote substantive equality, and examines the effect of such reforms on gender equality rights and policy. It argues that domestic legal and social mobilization by feminists, who participated in transnational networks, were instrumental in the diffusion of the relevant EU and international

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Markoviti, Margarita. "In-between the Constitution and the European Court of Human Rights: Mobilizations Around Religion and Education in Greece." Politics and Religion 12, S1 (2018): S31—S54. http://dx.doi.org/10.1017/s1755048318000020.

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AbstractThis paper examines the impact of European Court of Human Rights (ECtHR) decisions on the field of religion and education in Greece around the issues of the content and objectives of religious education, the exemption thereof, and religious symbols in school. The findings indicate that despite the relevance of ECtHR case law with the specific field in Greece, the Court's role in influencing such national debates is minimal. Drawing on empirical research and discourse analysis, the paper argues that this is due to the doctrine of the margin of appreciation, apparently linked to strategi

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Markoviti, Margarita. "In-between the Constitution and the European Court of Human Rights: Mobilizations Around Religion and Education in Greece." Politics and Religion 12, S1 (2018): 31–54. https://doi.org/10.1017/S1755048318000020.

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This paper examines the impact of European Court of Human Rights (ECtHR) decisions on the field of religion and education in Greece around the issues of the content and objectives of religious education, the exemption thereof, and religious symbols in school. The findings indicate that despite the relevance of ECtHR case law with the specific field in Greece, the Court's role in influencing such national debates is minimal. Drawing on empirical research and discourse analysis, the paper argues that this is due to the doctrine of the margin of appreciation, apparently linked to strategic re

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Su, Pengfei, and Wei Shen. "Contextualizing four-stage legal transitions in convergent evolution." Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review 89, no. 3-4 (2021): 277–309. http://dx.doi.org/10.1163/15718190-12340019.

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Summary This article posits that both Roman and early Chinese states underwent four stages in their multiple-step transformations from local states to major empires during the classical period. For both states, at stage 2, one dominant state formed alliance with a group of smaller autonomous polities, and at stage 3 that dominant state deepened its regulation of the smaller polities whose autonomy was curtailed. There existed striking similarities between Rome and China (early Han Empire) at stages 2 and 3 regarding the constitutional rules enforced by the two central governments to control th

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Burdanova, Anna S. "Constitutional social rights in the countries of the European Union. Theoretical provisions and problems of implementation." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 3 (2021): 329–39. http://dx.doi.org/10.18500/1994-2540-2021-21-3-329-339.

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Introduction. Social rights belong to the second generation of human rights and freedoms, they ensure social security, all-round development of the individual. They are widely represented in the national legislation of the countries of the European Union, primarily in the relevant legislation. However, the same cannot be said about constitutional law, which is associated with different approaches of legal scholars and proven practices in the legal regulation of the implementation of social guarantees in a particular state. The methodological basis of the work was formed by general scientific a

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Freiberga, Anna, and Ieva Kalniņa. "THE WORK OF ASPAZIJA AND RAINIS IN THE CONSTITUENT ASSEMBLY OF THE REPUBLIC OF LATVIA." Culture Crossroads 23 (January 10, 2024): 202–15. http://dx.doi.org/10.55877/cc.vol23.389.

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The article looks at how Aspazija and Rainis reacted in the Constitutional Assembly on the political and cultural challenges of the time, and what is the importance of culture in their view. Aspazija and Rainis were members of the social democratic faction in the Constitutional Assembly. During the Constitutional Assembly, the adoption of the amnesty law and agrarian reform, as well as questions about the referendum and the place of the president in Latvia, were important. Rainis spoke in a debate here. Rainis’ speeches always reflected his legal education His example of democracy in politics

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Melikov, A. V. "The Evolution of Constitutional Status of the Greek King: the Analysis of Typical Features of the Absolute Monarchy." Pravo: istoriya i sovremennost', no. 3(12) (2020): 024–33. http://dx.doi.org/10.17277/pravo.2020.03.pp.024-033.

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The results of studying the issue of the evolution of the constitutional and legal status of the Greek king are presented. The monarchical form of government imposed on Greece by the patron powers of the Old World being accepted as the standard of the European form of state structure reflected the processes of reduction, and sometimes even disappearance, of its characteristic features. The history of Greek law and the state in 1830 – 1974 showed periodic changes in the status of the king, which was preceded by internal political tension (in the form of clashes with the will of the people, inco

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Rydel, Konrad. "Proporcjonalność a ograniczenia wolności przemieszczania się i wyznania w czasie pandemii koronawirusa – kazus Grecji." Przegląd Konstytucyjny, no. 4 (2022) (2022): 143–62. http://dx.doi.org/10.4467/25442031pko.22.031.16996.

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Proportionality versus Restrictions on Freedom of Movement and Religion During a Coronavirus Pandemic: The Case of Greece The text discusses selected legal solutions used to deal with the coronavirus pandemic and restrictions on freedom of movement and religion in the Hellenic Republic introduced on their basis. The restrictions introduced in the initial phase of the pandemic, in the period between March and July 2020, were analyzed in terms of compliance with the proportionality principle. The main legal instrument used to deal with the pandemic were the ordinances of the President of the Rep

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Psychogiopoulou, Evangelia. "Judicial Dialogue in Social Media Cases in Europe: Exploring the Role of Peers in Judicial Adjudication." German Law Journal 22, no. 6 (2021): 915–35. http://dx.doi.org/10.1017/glj.2021.57.

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AbstractThis Article aims to examine the social media jurisprudence of national courts in a selected set of EU Member States by focusing on judicial dialogue specifically via references to the case law of other courts. Do judges in social media cases engage with the case law of peers, and if so how and to what extent? The analysis investigates whether national judges draw on the jurisprudence of higher domestic courts, foreign courts and/or European supranational courts—the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR)—and explores the use of such

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Lorencka, Małgorzata, and Giulia Aravantinou Leonidi. "Syriza in power (2015-2019): A Review of Selected Aspects." Political Preferences, no. 24 (December 2, 2019): 5–26. http://dx.doi.org/10.31261/polpre.2019.24.5-26.

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What are the consequences of Syriza coming to power in Greece in 2015? Did it become a new Weimar Germany for the future Europe? In this article we test the hypothesis that winning two consecutive parliamentary elections in 2015 and forming a government contributed to a farther institutionalisation of this party within the rules of Greek democracy. This article is based on data from the Greek Ministry of Interior and the website of the Greek parliament. This text aims at presenting the process of transformation of Syriza - a radical, left-wing, anti-establishment and anti-austerity party into

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Likhter, P. L. "Influence of Consequentialism and Ethics of Debt on the Formation of Constitutional and Legal Institutions in the Ara of Consumption." Actual Problems of Russian Law 15, no. 9 (2020): 11–18. http://dx.doi.org/10.17803/1994-1471.2020.118.9.011-018.

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The paper is devoted to the analysis of the influence of two ethical theories that emerged in ancient Greece—the consequentialism and the ethics of debt—on contemporary institutions of the State and the law. The author presents a short historical survey concerning differences in approaches to the hierarchy of human needs in the teachings of Aristippus, Epicurus, Plato, Aristotle and other thinkers. The paper investigates some aspects of the teachings of ancient philosophers concerning the balance between realization of individual’s desires nd his political and legal life. Based on the comparis

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Mamojka, Mojmír, and Jacek Dworzecki. "Development of Commercial Law in the Slovak Republic - Outline of problems." Internal Security 8, no. 1 (2016): 81–90. http://dx.doi.org/10.5604/20805268.1231517.

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The article concerns the issue of trade law in the context of its evolution and the current realities of its being in force in Republic of Slovakia. In the paper the authors present an historical view of the creation of legal regulations about trade from ancient times to present days. In the first part of the paper the political system and its components are discussed. The reader will be able to acquaint themselves with the functioning of the apparatus of executive power (the government and ministries), legislative power (the parliament consisting of 150 members) and judiciary (independent cou

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Kopsidas, Odysseas, and Laura Maska. "An examination of direct and indirect taxation in OECD countries and the case of Greece." Edelweiss Applied Science and Technology 8, no. 6 (2024): 1529–37. http://dx.doi.org/10.55214/25768484.v8i6.2270.

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This paper attempts to analyze and interpret the principles of direct and indirect taxation. Initially, a theoretical approach to the general concepts and principles governing tax law is presented. It is followed by a presentation of the Greek tax and financial system. The key points demonstrating the harmonization of tax legislation, in accordance with the OECD (Organization for Economic Cooperation and Development) guidelines so far are highlighted. Any future reform of the Greek national tax system should incorporate the fundamental principles of national tax policy. Additionally, it must b

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Omara, Andy, Joko Setiono, Muhammad Ibrahim, and Faiz Rahman. "PERKEMBANGAN TEORI DAN PRAKTIK MENGENAI PARLEMEN DI INDONESIA." Mimbar Hukum 33, no. 1 (2021): 161–87. http://dx.doi.org/10.22146/mh.v33i1.1950.

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Abstract The idea of a parliament system continues to develop from time to time. There are many thoughts of constitutional law experts which later became the theoretical basis for the implementation of the parliament system in a country, including in Indonesia. Furthermore, the existence of representative institutions such as the MPR, DPR, and DPD based on the 1945 Constitution of the Republic of Indonesia, also become an academic discourse concerning what kind of parliament system used in Indonesian parliament. Therefore, it is necessary to examine the existing theories on the parliament syst

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Marochini-Zrinski, Maša. "The possibility of introducing compulsory vaccination against COVID-19 by applying the principle of proportionality, and analysis of the ECtHR case law and the existing case law of the constitutional court of Croatia." Zbornik radova Pravnog fakulteta Nis 61, no. 95 (2022): 13–42. http://dx.doi.org/10.5937/zrpfn1-40149.

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Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) protects individuals from the so-called involuntary medical treatments within the framework of the right to respect for private life. Given that the rights guaranteed under Article 8 are not absolute but qualified rights (which can be limited for the reasons enlisted in Article 8, paragraph 2), it is crucial to examine the necessity and proportionality of the measures adopted by the state when deciding on the admissibility of these limitations. In its jurisprudence, the European Court of Human Rights

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Matveyeva, T. "Formation of the continental system of European law by the example of the Old Athens and the Sparta." Analytical and Comparative Jurisprudence, no. 2 (July 24, 2022): 20–26. http://dx.doi.org/10.24144/2788-6018.2022.02.3.

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The creation and development of modern law is a long historical process spanning several centuries and began with the writing of barbaric Truths (Salichna Pravda, Ripuarska Pravda, Primorsky Salic Franks, etc.). This process was more smooth and evolutionary than the corresponding processes in the field of state formation, where they were often established in a revolutionary way. The origin of modern law begins with the reception of Roman law and the law of ancient Greece .. Thus was born city law, international trade law, whose roots are quite deep and strong. But at the same time the le

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Ivanov, S. Yu. "Historical development of human rights and freedoms." Uzhhorod National University Herald. Series: Law 1, no. 86 (2025): 64–70. https://doi.org/10.24144/2307-3322.2024.86.1.9.

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The article examines the peculiarities, prerequisites and historical development of human rights and freedoms throughout the existence of human civilization. The complex evolutionary path from the past to the present is demonstrated, and changes in ideas about human rights and freedoms along this path are noted. On the basis of scientific analysis of normative legal acts, a wide range of sources and scientific literature, an attempt is made to investigate the peculiarities of the process of historical development of human rights and freedoms throughout the existence of human civilization, demo

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Magliveras, Konstantinos D. "The Regulation of Workplace Sexual Harassment in Greece: Legislation and Case Law Analysis." International Journal of Comparative Labour Law and Industrial Relations 20, Issue 1 (2004): 65–80. http://dx.doi.org/10.54648/ijcl2004004.

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Abstract: Unlike other European countries, Greece has still not adopted specific legislation addressing sexual harassment practices in the workplace. Empirical research has shown that workplace sexual harassment is endemic in Greece. On the one hand the article undertakes an examination of the relevant provisions in the Constitution, the Civil Code and the Criminal Code as well as the applicable provisions in collective employment agreements and, on the other hand, analyses the recent case law dealing specifically with workplace sexual harassment. It concludes that, despite the lack of specifi

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Perrou, Katerina. "Critical Review Of The ATAD Implementation: The Implementation of the ATAD in Greece." Intertax 50, Issue 8/9 (2022): 619–34. http://dx.doi.org/10.54648/taxi2022061.

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This article examines the implementation of the anti-tax avoidance directive (ATAD) in Greece. It reviews the additions to and the amendments that had to be made in Greek law resulting from the implementation of the ATAD. It does so in an analytical and critical manner by exploring all of the ATAD provisions, examining the way that they were implemented into Greek law, and how they differentiate from the previous rules (if they existed at all). It examines the compatibility of the said provisions, as they have been transposed in Greece, with EU law and their compatibility with the Greek Consti

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Piersanti, Valeria, Francesca Consalvo, Fabrizio Signore, Alessandro Del Rio, and Simona Zaami. "Surrogacy and “Procreative Tourism”. What Does the Future Hold from the Ethical and Legal Perspectives?" Medicina 57, no. 1 (2021): 47. http://dx.doi.org/10.3390/medicina57010047.

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Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman “lends” her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues

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Piersanti, Valeria, Francesca Consalvo, Fabrizio Signore, Alessandro Del Rio, and Simona Zaami. "Surrogacy and “Procreative Tourism”. What Does the Future Hold from the Ethical and Legal Perspectives?" Medicina 57, no. 1 (2021): 47. http://dx.doi.org/10.3390/medicina57010047.

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Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman “lends” her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues

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Polymenopoulou, Eleni. "Arts, Censorship and the Greek Law." International Human Rights Law Review 6, no. 1 (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 y

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Malkopoulou, Anthoula. "Greece: A Procedural Defence of Democracy against the Golden Dawn." European Constitutional Law Review 17, no. 2 (2021): 177–201. http://dx.doi.org/10.1017/s1574019621000146.

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Greece not a militant democracy – Constitution rejects party bans – Challenge posed by neo-Nazi party Golden Dawn – Preference for a procedural approach – Not as passive as previously thought – Proactive use of regular law – Golden Dawn charged for being a criminal organisation disguised as a political party – Questions about the political timing of the trial – Importance of judiciary independence – Why not a terrorist organization – Suspension of party funding and other restrictions against Golden Dawn – Actions by state institutions as opposed to local and civil society – How to distinguish

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Koumoutzis, Nikos. "Judicial Review of Mufti Decisions Applying Islamic Family Law in Greece." Laws 12, no. 3 (2023): 58. http://dx.doi.org/10.3390/laws12030058.

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Greece is a unique example of a country member of the Council of Europe that allows for the application of Sharia law by the Mufti on a select part of its citizenry: the members of the Muslim minority in Western Thrace (situated in NE Greece). However, to produce their effects, Mufti decisions need to undergo review and to be declared enforceable by the civil court. The aim of this article is to explore the relevant legal framework arranged in law 4964/2022 and presidential decree 52/2019, whereby the details of such a judicial review are set out. In particular, this article considers the prer

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Magliveras, Konstantinos D. "The Regulation of Workplace Sexual Harassment in Greece: Legislation and Case Law Analysis." International Journal of Discrimination and the Law 7, no. 1-4 (2005): 169–86. http://dx.doi.org/10.1177/135822910500700406.

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Although it is a well-known fact that sexual harassment is a common practice in Greek workplaces carried out both by employers and fellow employees, the State has not adopted any relevant civil and/or criminal legislative measures specifically to deal with it. However, there exists a general legal framework consisting of provisions in the Constitution, in the Civil Code, in the Criminal Code, and in various collective employment contracts, as well as general principles of Labour Law. Arguably, this framework does not afford to victims of sexual harassment a satisfactory regime for seeking redr

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Karameros, Stefanos K. "Religious Diversity and its Influence on Proceedings – Especially the Implementation of Sharia (Muslim Law) by the Mufti Courts in Greece." International Journal of Procedural Law 15, no. 1 (2025): 100–119. https://doi.org/10.1163/30504856-15010007.

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Abstract The intensified phenomenon of the migration towards Western democracies of Muslim populations who demand the adjudication of marital and inheritance issues exclusively by religious (mufti) courts in accordance with Islamic Sacred Law (Sharia) poses new challenges for the national legislator in the legislative field, both substantive and procedural. Crucial questions arise especially as to whether Sharia and the co-existence of religious and secular courts (legal pluralism) are compatible with the Convention, the Charter of Fundamental Rights of the EU and Western Constitutions. The EC

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TB and WTE. "The euro crisis: storm, meet structure." European Constitutional Law Review 7, no. 3 (2011): 349–54. http://dx.doi.org/10.1017/s1574019611300016.

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On the way to its decision of 7 September 2011 about aid measures for Greece and the euro rescue package, the Bundesverfassungsgericht found itself in the middle of a storm. It had the option of helping the winds blow away the European currency altogether. Instead the Court showed restraint and responsibility towards both the German and the European constitutions. In doing so it gave expression not only to the limits of the law in a state of overwhelming emergency, but also to some of the creative particulars of the situation.

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Motyl, V. I. "Origin and development of the values of the European Union." Uzhhorod National University Herald. Series: Law 4, no. 85 (2024): 300–307. http://dx.doi.org/10.24144/2307-3322.2024.85.4.44.

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The article analyzes the emergence of European values in the concepts of philosophers of Ancient Greece and state thinkers of Ancient Rome. The author shows their further development under the influence of Christianity, social church doctrine, ideas of German classical philosophers, thinkers of the Enlightenment, and founders of the concept of natural law.The significance of the first European documents on the protection of fundamental rights and freedoms, in particular the Magna Charta of 1215, the Habeas Corpus of 1679, the English Bill of Rights of 1689, the Declaration of the Rights of Man

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Kakarelidis, Georgios. "Academic Asylum, Academic Freedom, And Police Jurisdiction in Law Enforcement at Universities: Comparative Study of Greece and Other Countries’ General Practice." Global Journal of Politics and Law Research 11, no. 1 (2023): 30–39. http://dx.doi.org/10.37745/gjplr.2013/vol11n13039.

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The concept of Academic Asylum in Greece is twofold: a) asylum against third-party intervention with the aim of limiting the freedom of University Academic Personnel in the exercise of their duties, in research and teaching and, b) the ability of the Police to apply the Law by preventing or suppressing criminal behavior and to protect the University community and the University estate. In the first sense, academic asylum is equivalent to the concept of academic freedom, while in the second sense it refers to the terms and conditions of police intervention in the premises of higher educational

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Herlindah, ., Rohmah Siti, Anas Kholish Moh., and Mushoffa In'amul. "Nature as a Legal Subject in the Preparation of Environmental Impact Assessments (Amdal): A Green Constitution Perspective for Social-Ecological Justice." International Journal of Current Science Research and Review 07, no. 03 (2024): 1755–65. https://doi.org/10.5281/zenodo.10836778.

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Abstract : The analysis of Environmental Impact Assessments (Amdal) in project plans and/or activities has been considered crucial to anticipate environmental pollution and damage within the environmental legal system regulated by Indonesia’s Environmental Law. Amdal serves as a tool for communities to challenge various development projects that pose threats to their environment. However, the government has recently sought to narrow the space for public participation and the functions of Amdal, as evident in Presidential Regulation No. 2 of 2022 on Job Creation. This normative legal rese

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Charalampidou, Natalia. "The Protection of Land in Greece – before and after the implementation of the Environmental Liability Directive." European Energy and Environmental Law Review 19, Issue 4 (2010): 160–74. http://dx.doi.org/10.54648/eelr2010012.

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On September 29, 2009 the Presidential Decree on Environmental Liability that implements the Environmental Liability Directive came into force. Environmental protection was previously provided in legislative works as well, such as in the Constitution and in the Law on Environmental Protection, which are shortly portrayed. Though, through the Presidential Decree on Environmental Liability, long awaited land protection legislation in Greece finally came to pass. The definitions set out, the competent authorities, the preventive and remedial actions, as well as the offenders liable for the preven

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