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Journal articles on the topic 'Constitutional law – Greece'
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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 (June 15, 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. The subject of the article is an analysis of the Greek constitution in the context of a system of classification, which differentiate this type of legislation into rigid and flexible.
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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 (December 1, 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, transitional or additional provisions, and in some constitutions there can also be annexes. The article confirms that most constitutions begin with an introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered a significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts the constitution. The preamble is not only a political, ideological, and/or philosophical category; it undoubtedly also carries a legal burden, therefore it is considered to have legal validity. Preambles are characterized as having a so-called higher style; they are usually formulated not in compliance with the requirements of legal technique.
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Eleftheriadis, Pavlos. "Constitutional Reform and the Rule of Law in Greece." West European Politics 28, no. 2 (March 2005): 317–34. http://dx.doi.org/10.1080/01402380500059777.
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Riyanto, Astim. "HUKUM KONSTITUSI SEBAGAI SUATU ILMU." Jurnal Hukum & Pembangunan 39, no. 1 (March 3, 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 result ofinvestigation, he is poured out in a book of Politics. There are four chaptersthat in connection with constitution form eight chapters of the book. Then,the result of Aristotle 's investigation, 23 centuries moreover was faithfulledby Albert Venn Dicey (1835-1922) in a book of An Introduction to Study ofThe Law of The Constitution (1885). Concerning books the others aboutconstitutions that was written by their authors more give a shape of Bases ofThe Law of The Constitution than scientific of The Law of the Constitution.In 2007 or 122 years later (1885-2007), through presentation a paper thatthe title is The Law of the Constitution is a part of Constitutional Lmv, Ideclare The Law of the Constitution as a science, that self-exist with name isScience of The Law of the Constitution.
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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 (November 1, 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 package has to be approved by the Parliament of the Federal Republic of Germany (Bundestag) before guarantees can be given to other states by the Federal Government. In its holding, the German Federal Constitutional Court ruled that the aid measures for Greece and the euro rescue package were consistent with the Principle of Parliamentary Budget and German Basic Law.
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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 legal force. It is substantiated that the model proposed by H. Kelsen substantially outstripped the existing legal reality and was used almost in its purest form by most European countries, and in particular was directly reflected in the domestic model of constitutional jurisdiction.
It is noted that, according to Kelsen's concept in a number of papers, in particular in the Judicial Review of Legislation: A Comparative Study of the Austrian and American Constitutions, the constitutionality of legislation can be ensured in two separate ways, both of which were enshrined in the Austrian Constitution of 1920: the responsibility of the body that issued the unconstitutional norm and the non-application of the unconstitutional norm. Non-application of a constitutional rule could be achieved by giving law enforcement authorities the power to review the constitutionality of a rule they must apply in a particular case and refuse to apply it in that particular case, if there is reason to consider such a rule unconstitutional. A similar mechanism has actually been introduced in the United States. The fact that a law enforcement authority recognizes a general rule as unconstitutional and does not apply it in a particular case meant that that authority was empowered to revoke the general rule for a particular case, and only for a specific case, since the general rule as such (normative act) remains applicable and may be applied in other specific cases. The disadvantage of this fuse is that different law enforcement agencies may have differing views on the constitutionality of a law, whereby one authority can apply it as it considers constitutional, while another authority will refuse to apply it because it will see signs of unconstitutionality. The lack of unanimity in deciding whether a law is constitutional, that is, whether a constitution is violated, carries great danger for the authority of the constitution.
In most European countries, it is stated that H. Kelsen's concept was used almost in its purest form, with one exception: the powers to directly protect constitutional rights and freedoms were given to a separate judicial authority. The extension of the appropriate model of judicial constitutional control and the formation of constitutional courts fell in the second half of the twentieth century, when the need to prevent the return of Nazism caused a qualitatively new level of attention to the phenomenon of constitutional justice. The formation of new post-war constitutional-democratic regimes in Germany, Italy, Austria, and later in Spain and Greece, provided for the creation of a mechanism by conferring on the constitutional courts powers to protect constitutional rights and freedoms from usurpation of public power.
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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 (August 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 (December 1, 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 domestic constitutional law. In Greece, however, no debate on the possible use of constitutional identity as a limit to the European Union and its law had taken place—at least not until recently. Our main objective in this article is to try to explain why Greek courts, and especially the Symvoulion Epikrateias, the supreme administrative court, failed to develop and make recourse to a notion of constitutional identity, even in cases they had good reasons to do so, and to find out if—and, if yes, to what extent—the situation has changed after the outbreak of the financial and, soon after, the migration crises. The analysis of the relevant case-law will permit us to conclude that the Greek constitutional identity is currently still under construction and that it is constructed using elements from both the liberal and the exclusionist models.
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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 (January 9, 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 discussed as an example. Results (findings): how a second chamber can be considered as the scout of constitutional law and protector of human rights with regard to their normative behavior depends on the structure of the constitutional law. The role of the second chamber in protecting constitutional law is manifested in several forms: coinciding the bills and laws with constitutional law, amending and revising the constitutional law, vetoing or suspending bill a general appointments. Second chambers have several solutions including establishing the human rights committee with various duties. Therefore, these two criteria seem to be useful in order to measure the extent of democracy. Conclusion: A powerful second chambers are needed to make decisions, have the authority to amend the laws, and to have effect on the politics to realize human rights and protection of Constitutional law. It can also act as a human rights watch with regard to the nature of the norms of human rights.
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Kombos, Constantinos. "Constitutional Review and the Economic Crisis: In the Courts We Trust?" European Public Law 25, Issue 1 (March 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 wide margin of discretion recognized for the decision-maker. The analysis concludes that the jurisprudence was not uniform; significant differentiations exist both in approach and in the impact of the relevant case law on the respective legal order. The courts are divided between those of Member States and supranational courts (CJEU and ECtHR). The CJEU approached the matter in jurisdictional terms and formalistically, thus placing the burden on the national constitutions. The Strasbourg court applied the margin of appreciation doctrine, thus limiting review to cases where the impact of the legislative measures resulted in danger to survival. On the other hand, the national courts are classified as either ‘lenders’ (Germany) or ‘borrowers’ (Greece, Portugal and Cyprus). Constitutional review in fuller effect can be found in the German example, while in the case of ‘borrowers’ the national courts faced a moral and existential dilemma. The result was that crisis laws were approached as requiring light review, thus transforming national legal orders and unsettling the equilibrium of constitutional coexistence. National constitutional orders were transformed and the courts were placed in the impossible position of adjusting constitutional review to the economic needs. During the crisis, pragmatism became the new norm.
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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 (December 1, 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 political system, but also with regard to the Court's reasoning. Most importantly, the Sitaropoulos decision is based on a rather questionable reading of the Greek Constitution, which, moreover, gives the Court a controversial role in demarcating the limits of the Greek electorate.
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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 (January 19, 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'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 belong to the circle of its competences, ie affairs of the central government. This concession regards affairs that the central administration would like to avoid exercising, because they usually have a political cost, which it does not want to bear. The central administration, even if local governments competences are defined by law, or are granted by it, intervenes during the exercise of these affair either by legislative interventions that the majority of the parliament allows, or by decisions of the governing bodies, where it is permitted. This intervention is usually aimed at limiting the affairs allocated to local government, because central government considers that local authorities exercise political influence over the citizens within their administrative boundaries, or because the local authorities belong to opposite political areas from those of the central administration and aim to limit the exercise of policies at the local level, in a way of organizing and operating differently from that of the central administration.
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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 (December 29, 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 of the country and providing citizens of Ukraine with opportunities to defend their rights. legitimate interests, restoring them in case of violation. The study of the essence of this right gives grounds to state that the appeal by its nature has a dual meaning: first, it is one of the means of protecting human rights and legitimate interests violated by the actions or inaction of public authorities and local governments; secondly, the appeal is a signal of shortcomings in the work of public authorities and local governments. From the content of Art. 40 of the Constitution of Ukraine, it follows that both citizens of Ukraine and persons who are not citizens of Ukraine, but are legally on the territory of Ukraine, and who are marked in the text by the term "all" have constitutional legal personality. By the way, the term "all" is used only in Art. 40 of the Constitution of Ukraine, and therefore it is not clear whether it belongs to the category of subjects of "all people", as enshrined in Art. 21, or to the category of subjects of "all citizens". At the same time, in similar norms of the constitutions of European states, various impersonal terms are used to denote the subject of this right - "everyone", "citizens", "every citizen", "all citizens" and "every person". In connection with the above and in order to unify legal terminology, we believe that in Art. 40 of the Constitution of Ukraine, it would be more appropriate to use, instead of the term «all», the term «eve-ryone», which, in our opinion, covers all categories of subjects of the right to appeal regardless of their legal status and is more in line with European experience in constitutional regulation of the studied law. It should be emphasized that the necessary guarantee of realization of the investigated right is the duty of obligated subjects, ie public authorities, local governments and their officials and officials, to timely and objectively consider the appeal and provide a reasoned response to the merits of the appeal. the term established by the law. A similar provision is enshrined in the constitutions of Azerbaijan, Albania, Belarus, Armenia, Greece, Liechtenstein, Macedonia, Poland, Serbia, Turkey, Croatia, and Montenegro. In this regard, we propose a phrase that is enshrined in Art. 40 of the Constitution of Ukraine: "are obliged to consider the appeal and give a reasoned response within the period prescribed by law" to state in an updated version. In addition, we believe that this article should specify the obligation of these bodies and their officials and officials to take the necessary measures to exercise this right, which will give the subjects of appeal grounds to appeal, including in court , actions or inaction of officials and officials of state bodies and local governments. Therefore, in view of the above and taking into account the European experience in regulating the constitutional right to appeal, we propose Art. 40 of the Constitution of Ukraine to state in new edition: "Everyone has the right to submit individual or collective appeals or to personally address state authorities, local governments and their officials and officials, who are obliged to take the necessary measures and provide a reasoned written response within the period prescribed by law."
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Pavoni, Riccardo. "Simoncioni v. Germany." American Journal of International Law 109, no. 2 (April 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 found the legislation to be incompatible with Articles 2 and 24 of the Italian Constitution, which secure the protection of inviolable human rights and the right of access to justice (operative paras. 1, 2).
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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 efficacy vary. The modern practices of contractual international law and multilateralism intensified after 1945, but postwar developments built on institutional principles that were first endorsed by states during the nineteenth century and structured international relations long before the advent of American hegemony. Second, fundamental institutions differ from one society of states to another. While the governance of modern international society rests on the institutions of contractual international law and multilateralism, no such institutions evolved in ancient Greece. Instead, the city-states developed a sophisticated and successful system of third-party arbitration to facilitate ordered interstate relations. This institution, which operated in the absence of a body of codified interstate law, is best characterized as “authoritative trilateralism.”
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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 (June 20, 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 norms, leading to a shift in the courts’ jurisprudence and to a constitutional amendment recognizing substantive equality. At the same time, the paper also underscores the ambivalent and limited effects of constitutionalizing substantive equality and positive measures in the absence of ongoing actions aimed at raising awareness and pushing for effective implementation.
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Duhamel, Olivier. "Igniting the Spirits." European Constitutional Law Review 1, no. 1 (October 12, 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 evoked ‘the whole people’, the ‘ultimate’, ‘the greatest number’. Until the last minute, the Preamble had been discussed. In the Convention, Robert Badinter, former president of the French constitutional Council, had already co-signed, on 3 June 2003, with the author of these lines and Pervenche Berès, a proposal for an amendment to the Preamble to remove the quotation of Thucydides. It did not seem suitable to us to place the Union under the auspices of the founder of realistic geopolitics, a kind of Kissinger of ancient Greece. Others say that they oppose this quotation because it refers to the power of the people, not that of States. The quotation finally disappeared during the Brussels summit on 17 and 18 June 2004. As we see, no word of the Preamble is left aside.
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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 (March 27, 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 strategic references to and varying interpretations of the Court's judgments; the unwillingness of actors to litigate in a potentially sensitive, lengthy, and costly procedure; and to a shared belief in the perceived primacy of constitutional provisions on religion and education that precludes the formation of structured mobilizations.
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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 (December 7, 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 the newly-acquired subordinate territories, which were the Macedonian/Greek states for Rome and the vassal kingdoms in eastern territories for Han Empire. In particular, this article discusses: (i) why Macedonian/Greek states have been chosen for comparative studies; (ii) similar constitutional rules at stage 2 governing the two empires’ relationships with their subordinate polities; (iii) similar legal rules at stage 3 aiming at dividing up the territories of the subordinate polities and restraining their self-rule; (iv) similar stage-3 constitutional rules that preserved some autonomy for the subordinate polities; and (v) similar stage-3 legal rules that regulated certain economic activities of the subordinate polities. After analyzing Roman governance of Macedonia/Greece within the broader context of Roman institutions for territorial integration, the article explores the underlying trends and deeper mechanism that led to such convergent evolution of legal rules.
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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 (August 25, 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 and special legal research methods. Theoretical analysis. In the scientific European literature there is no single approach to the definition of basic social rights, their essence, types, legal consequences. Moreover, there are fundamentally opposite points of view about the need for their recognition and consolidation at the constitutional level. Thus, the discussion is on in individual states and the European Union as a whole. In the legal doctrine of a number of countries, for example Germany, broad and narrow approaches are used to define social rights. At the same time, at the pan-European level, a broad approach is mainly used, which draws attention to the presence of social guarantees in the Constitutions and, accordingly, state target programs of a social orientation. Empirical analysis. In general, the Constitutions of the EU countries enshrine certain social rights, which may differ in the actual form of their expression in constitutional acts. This form depends on legal approaches, traditions, historical path, economic and political experience of the state. Meanwhile, the point of view about the need to recognize social rights at the highest level, despite the existing criticism, became decisive during their subsequent inclusion in the Charter of Fundamental Rights of the European Union. Results. The working document of the European Parliament distinguishes between three systems for integrating social rights into the Basic Law: liberal (for example, Austria), moderate (for example, Germany) and southern European (typical of Spain, Italy, Portugal, Greece). At the same time, the comparison shows that for the realization of the rights of the second and third generations, constitutional consolidation is not enough; a socio-political consensus is needed, reflected through the normative legal acts adopted by the legislative body. In the European Union, attempts are being made to expand social guarantees, which face the rejection of the concept of unification of social rights by individual member states.
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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 (September 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 jurisprudence. It is based on 147 cases from the constitutional and/or supreme courts of Bulgaria, Croatia, Greece, Italy, Latvia, Slovakia, and Slovenia. Although judicial dialogue is generally limited in the cases under study, the analysis illustrates the different ways in which courts interact with the rulings of peers and informs on the latter’s contribution to judicial assessment.
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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, inconsistencies with the interests of the army, the immaturity of the party system, economic instability, etc.) and constant pressure from outside. When studying the process of changing the constitutional and legal status of the king of Greece, the cause-and-effect relationships of these transformations were identified and the discrepancy between the features of governing the Greek kingdom and the characteristic features of absolute monarchical government were clarified. The limited nature of the status of the king, the dynastic change, the specific transfer of power, which did not personify either the unity of the nation or the historical continuity of the tradition of the head of state, characterize the development of the Greek monarchy as atypical for this form of government. Therefore, according to the author, the form of government in the Greek kingdom can be considered as “non-conventional monarchy”.
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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 a governmental entity, pro systemic and accepting the principle of the democratic state of law. All this was due to the establishing of the governmental coalition with ANEL, a nationalist party; social-economic reforms; the reform of the electoral system for parliamentary elections; the proposal of a constitutional reform and the ending of the nearly 30-year dispute with Macedonia. The electoral failure during the parliamentary elections on the 7th of July 2019 finishes a 4-year governance of Syriza and enables us to try to evaluate this experiment for the first time. A key finding of our investigation is the need to highlight the respect for the democratic rules by Syriza during its government and its further institutionalisation as one of the main groupings of the contemporary party system in Greece.
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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 (September 29, 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 comparison of the consequential concepts (hedonism, epicureanism, utilitarianism) and Plato and Aristotle ethical approaches, the author concludes that the latter are instrumentally significant. Their ideas of the common good and the golden middle, combined with the pursuit of such values as justice, moderation, empathy, trust in other members of society, can form the basis of a constitutional and legal system that unites general public. Today, the transformation of a legal strategy can only be functional if it is driven at a depth level by social reforms that, in turn, are based on the ethics of debt and are aimed at overcoming the essential risks of the consumption society.
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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 (January 30, 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 courts and prosecutors) in the Republic of Slovakia. Moreover, this part of the article provides information about practical aspects of the creation of selected components of the constitutional legal order (e.g. parliamentary elections). In the second part, the paper covers the evolution of trade law over the centuries, approaches to regulations in Mesopotamia, based on, inter alia, the Code of Hammurabi, and also in ancient Egypt and Greece. Tracing the development of trade law over the centuries, the authors also present the evolution of legal regulations in this field in the XIX century, with particular reference to France, Germany and Austria-Hungary (especially the territory which today forms the Czech Republic and the Slovak Republic). In the last part of the article, the forming of regulations of trade law in Czechoslovakia from 1918 and during subsequent periods which created the history of that country, to the overthrow communism and the peaceful division of the state in 1993 into two separate, independent state organisms – the Czech Republic and Slovakia - is approached.
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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 (ECtHR) addressed the issue of involuntary medical treatment in a number of cases, but the issue of compulsory vaccination (of children) was addressed in only one case, Vavrička and others v the Czech Republic (2021). The decision was rendered in April 2021, at the peak of the fight against the pandemic caused by the COVID-19 disease. Having in mind the circumstances at the moment when the decision was made, the fact that the case was decided by the Grand Chamber, and the fact that applications against Greece and France had already been lodged with the Court concerning compulsory vaccination against the COVID-19 disease, it is difficult to avoid the impression that the Court had the aforesaid applications in mind when addressing the issue in Vavrička and others. The importance of the Court's decision in the case Vavrička and others and the criteria stated therein for determining the proportionality and necessity of the measure of compulsory vaccination, as well as the width of the margin of appreciation enjoyed by states, is therefore evident. The paper also presents the decisions of the Constitutional Court of Croatia on the issue of compulsory vaccination of children. For the purpose of projecting the direction in which the ECtHR will go when deciding on such cases, the author elaborates on the aforesaid applications before the Court, where the applicants claimed the violation of their Article 8 right due to the introduction of compulsory vaccination against the COVID-19 disease for certain categories of employees. Finally, although the status of compulsory vaccination against the COVID-19 disease has not been resolved before the Court yet, we may draw certain conclusions on the basis of the current direction of the Court's legal reasoning on the proportionality of the measure of compulsory vaccination of children. For this reason, great attention will be given to the doctrine of the margin of appreciation, the concept of "weighing" the rights of individuals against the protection of certain legitimate goals, and the examination of necessity and proportionality by the ECtHR.
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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 legal systems of the Middle Ages were very imperfect, and many of their provisions hampered the development of political democracy and capitalist entrepreneurship in the era of feudalism. These features of medieval legal systems, characterized by the lack of internal unity, prevented progressive changes, both in the state and in law.
The reform of the old feudal law on a new bourgeois basis was carried out by revolutionary coups - the English Revolution of the 17th century and the French Revolution of the 18th century. These revolutions have largely led to the unjustified destruction of the legal structure created over the centuries, to the breakdown of traditional legal culture, to legal nihilism and voluntarism. Ultimately, they led to significant changes in the field of law, to the formation of a new legal order, which led to the formation and rapid development of capitalism.
Modern law in the West (primarily Anglo-Saxon and European continental law of France) was formed and developed as a logical continuation of the previously formed systems of medieval (eg, "common law") and even ancient Roman law. The new law could not be something significantly different from the previous law, because in its self-development it absorbed, preserved and used many of its constructive, socially useful elements.
Modern law of the 20th and 21st centuries is largely based on previous law, the same laws of France (customary law), Roman law; moreover, the pre-revolutionary systems of England and France and Germany did not disappear without a trace. Much of it has been updated in modern law, as medieval law functioned in a society that already knew both private property and market relations and a fairly high level of legal technique.
The formation of new law meant the formation of bourgeois capitalist law, broke guild corporations and feudal monopolies, creating the necessary space for the growth of production and trade, for personal initiative, for the full use of needs is developing rapidly. (1, 48-51)
Modern law, in contrast to pre-revolutionary law, which was characterized by disunity and particularism, was born everywhere in the form of integrated national legal systems. It was capitalism, breaking all kinds of castes, regional, customs and other barriers, led to the emergence of not only nation-states but also national legal systems. The legal system acquires a new way of its existence - the system of legislation and the system of law, which was practically present only in its infancy in ancient and medieval societies. The dominant principle in the legal systems of modern times is constitutional (state, public) law, on the basis of which the legal structure of any society was built.
Legislation had a special system-forming significance in the formation of the new law.
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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 (March 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 specific legislation, the existing legal framework offers a reasonable measure of protection for the victims of sexual harassment.
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Perrou, Katerina. "Critical Review Of The ATAD Implementation: The Implementation of the ATAD in Greece." Intertax 50, Issue 8/9 (July 1, 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 Constitution, especially in relation to the interest limitation rule, the exit tax, and the general anti-abuse rule (GAAR) ATAD, anti-avoidance, CFC, exit taxation, GAAR, hybrid mismatches, implementation, interest limitation rule.
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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 (January 8, 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 relating to surrogacy remain unresolved, with significant disagreements and controversy within the scientific community and public opinion. There are several factors called into play and multiple parties and stakeholders whose objectives and interests need to somehow be reconciled. First and foremost, the authors contend, it is essential to prioritize and uphold the rights of children born through surrogacy and heterologous MAP. Materials and methods: To draw a parallel between Italy and the rest of the world, the legislation in force in twelve European countries was analyzed, eleven of which are part of the European Union (France, Germany, Italy, Spain, Greece, Netherlands, Belgium, Denmark, Lithuania, Czech Republic and Portugal) and three non-members of the same (United Kingdom, Ukraine and Russia), as well as that of twelve non-European countries considered exemplary (United States, Canada, Australia, India, China, Thailand, Israel, Nigeria and South Africa); in particular, legislative sources and legal databases were drawn upon, in order to draw a comparison with the Italian legislation currently in force and map out the evolution of the Italian case law on the basis of the judgments issued by Italian courts, including the Constitutional and Supreme Courts and the European Court of Human Rights (ECHR); search engines such as PubMed and Google Scholar were also used, by entering the keywords “surrogacy” and “surrogate motherhood”, to find scientific articles concerning assisted reproduction techniques with a close focus on surrogacy. Results: SM is a prohibited and sanctioned practice in Italy; on the other hand, it is allowed in other countries of the world, which leads Italian couples, or couples from other countries where it is banned, to often contact foreign centers in order to undertake a MAP pathway which includes surrogacy; in addition, challenges may arise from the legal status of children born through surrogacy abroad: to date, in most countries, there is no specific legislation aimed at regulating their legal registration and parental status. Conclusion: With reference to the Italian context, despite the scientific and legal evolution on the subject, a legislative intervention aimed at filling the regulatory gaps in terms of heterologous MAP and surrogacy has not yet come to fruition. Considering the possibility of “fertility tourism”, i.e., traveling to countries where the practice is legal, as indeed already happens in a relatively significant number of cases, the current legislation, although integrated by the legal interpretation, does not appear to be effective in avoiding the phenomenon of procreative tourism. Moreover, to overcome some contradictions currently present between law 40 and law 194, it would be appropriate to outline an organic and exhaustive framework of rules, which should take into account the multiplicity of interests at stake, in keeping with a fair and sustainable balance when regulating such practices.
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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 (January 8, 2021): 47. http://dx.doi.org/10.3390/medicina57010047.
Full textAbstract:
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 relating to surrogacy remain unresolved, with significant disagreements and controversy within the scientific community and public opinion. There are several factors called into play and multiple parties and stakeholders whose objectives and interests need to somehow be reconciled. First and foremost, the authors contend, it is essential to prioritize and uphold the rights of children born through surrogacy and heterologous MAP. Materials and methods: To draw a parallel between Italy and the rest of the world, the legislation in force in twelve European countries was analyzed, eleven of which are part of the European Union (France, Germany, Italy, Spain, Greece, Netherlands, Belgium, Denmark, Lithuania, Czech Republic and Portugal) and three non-members of the same (United Kingdom, Ukraine and Russia), as well as that of twelve non-European countries considered exemplary (United States, Canada, Australia, India, China, Thailand, Israel, Nigeria and South Africa); in particular, legislative sources and legal databases were drawn upon, in order to draw a comparison with the Italian legislation currently in force and map out the evolution of the Italian case law on the basis of the judgments issued by Italian courts, including the Constitutional and Supreme Courts and the European Court of Human Rights (ECHR); search engines such as PubMed and Google Scholar were also used, by entering the keywords “surrogacy” and “surrogate motherhood”, to find scientific articles concerning assisted reproduction techniques with a close focus on surrogacy. Results: SM is a prohibited and sanctioned practice in Italy; on the other hand, it is allowed in other countries of the world, which leads Italian couples, or couples from other countries where it is banned, to often contact foreign centers in order to undertake a MAP pathway which includes surrogacy; in addition, challenges may arise from the legal status of children born through surrogacy abroad: to date, in most countries, there is no specific legislation aimed at regulating their legal registration and parental status. Conclusion: With reference to the Italian context, despite the scientific and legal evolution on the subject, a legislative intervention aimed at filling the regulatory gaps in terms of heterologous MAP and surrogacy has not yet come to fruition. Considering the possibility of “fertility tourism”, i.e., traveling to countries where the practice is legal, as indeed already happens in a relatively significant number of cases, the current legislation, although integrated by the legal interpretation, does not appear to be effective in avoiding the phenomenon of procreative tourism. Moreover, to overcome some contradictions currently present between law 40 and law 194, it would be appropriate to outline an organic and exhaustive framework of rules, which should take into account the multiplicity of interests at stake, in keeping with a fair and sustainable balance when regulating such practices.
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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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Malkopoulou, Anthoula. "Greece: A Procedural Defence of Democracy against the Golden Dawn." European Constitutional Law Review 17, no. 2 (June 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 between procedural- and militant-democratic initiatives – Political rights of convicted party leaders – Benefits and risks of procedural model
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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 (September 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 redress. The present article analyses this legal framework and, on the basis of the applicable case law, shows how it has been applied in practice and how, on occasion, the courts have expanded its scope to overcome legislative shortcomings.
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TB and WTE. "The euro crisis: storm, meet structure." European Constitutional Law Review 7, no. 3 (October 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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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 (August 1, 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 preventive and remedial costs are analysed. Equally the cases of multiple party causation foreseen, that include contributory negligence of operator, producer, importer, supplier and public authority, are set out. During this analysis, a comparative view of the final form of the Degree with the initial draft thereof is offered. Special mention is made of the polluter-pays principle in Greece that is compared with the ones in the United Kingdom and in Germany. Finally, some aspects that have not been regulated in the Presidential Decree, contrary to those in the United Kingdom, Germany and The Netherlands, are noted.
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Skalec, Aneta. "OCHRONA ŚWIATŁA I WIDOKU W PRAWIE RZYMSKIM I TRAKTACIE URBANISTYCZNYM JULIANA Z ASKALONU." Zeszyty Prawnicze 10, no. 1 (December 23, 2016): 107. http://dx.doi.org/10.21697/zp.2010.10.1.06.
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Protection of Light and of View in Roman Law and Julian of Ascalon’s Treatise Summary Problems of vicinity were a subject of regulations starting from the time of classical Greece, but the most complete text relating to this question is Julian of Ascalon’s Treatise, a work written at the end of the V or during the VI century in Palestine by an architect known by the name of Julian. One of the aspects regulated by this text, as well as, in a similar way, by Roman law, was the protection of light and of view. In Roman law light was protected by a series of special servitudes: ius altius tollendi aut non tellendi, ius ne luminibus officiator, servitus luminum and servitus luminis imittendi. An analogy to the latter is also found in the treatise. According to the above sources also the view (prospectus) was protected. In the constitutions of Roman emperors known from the Code of Justinian we find only protection of the sea view, but Julian also regulated protection of the view on mountains, gardens and public paintings and he probably based his regulations on other unknown constitutions. A subject connected with view and light was the typology of windows. In both texts there existed a legally relevant distinction between panoramic windows and ones that served only for lighting, because the first could be made only when certain conditions were met, and the second could be constructed only at a certain height.
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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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Κηπουρίδου (Kalliopi Kipouridou), Καλλιόπη, and Μαρία Μηλαπίδου (Maria Milapidou). "Tο δικαίωμα των ομοφυλόφιλων προς απόκτηση απογόνων στην Ελλάδα." Bioethica 1, no. 1 (February 22, 2015): 32. http://dx.doi.org/10.12681/bioeth.19785.
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During the last decades there has been a change of attitude regarding the recognition of homosexual rights that is also reflected on their claims for recognition of their right to access to Medically Assisted Reproduction (MAR) or adoption.Although the Greek legislator has shown some signs of progressiveness by adopting laws that ensure the homosexuals’ rights, they have chosen not to include the homosexual couples in the l. 3719/2008 regarding civil partnership.In Greece, discussions concerning the integration of homosexuals in the civil partnership had already commenced during the vote of the relevant law. This discussion has revived after the conviction of our country by the ECHR in the case of Vallianatos and Others vs Greece.For the time being, however, the legal situation in Greece, as far as the homosexuals’ access to MAR or adoption is concerned, entails the following conclusions. Firstly, although the legal right to procreation is established in article 5 §1 of the Constitution, reality differs for homosexuals and especially for homosexual couples in Greece, which do not have access to MAR methods. It is quite common, in practice, for one of the members of a lesbian couple with fertility problems to visit a doctor as a single woman and gain access to MAR methods. On the contrary, homosexual men do not have any chance of having access to MAR methods either as single men or as a couple.Regarding the homosexuals’ access to adoption, Articles 1452 et seq. Civil Code make no specific reference either to the adopters’ sex or to their sexual orientation. So, in principle, it is possible for a single homosexual person to adopt a child. However, homosexual couples do not have the chance to be monitored by the social service in charge. According to articles 1545 et seq. Civil Code the same person’s adoption by more people at the same time is not possible unless they are married. Given the fact that in Greece same-sex marriage is not permitted, there is no possibility for a child’s adoption by a homosexual couple.In view of the above, there is a clear need for modernization of Family Law regarding the protection of the homosexuals’ rights as an attempt to cope up with contemporary social facts.
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Çildir, Melih. "Privatization in the World and in Turkey from the Past to the Present." International Journal of Social, Political and Economic Research 7, no. 2 (June 2, 2020): 324–40. http://dx.doi.org/10.46291/ijospervol7iss2pp324-340.
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From ancient Greece to the Renaissance period, up to privatization, which showed the effect on both Britain from Nazi Germany it emerges both in and outside Turkey. In this study the historical process of privatization in the world and in Turkey, the process of privatization, privatization has been mentioned in the domain. The first arrangement made in 1984 on privatization in Turkey, privatization, which began in 1986, the species, in taking the scope of privatization of SOEs No. 233 Decree, and for compatibility with the Constitution on 2018 703 Decree Law No. 85 Amendments to Article It was mentioned that the privatization authority was given to the President. The aims, benefits and disadvantages of privatization have been addressed using the current figures and data. This process was tried to be revealed by making a literature review.
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Koumoutzis and Papastylianos. "Human Rights Issues Arising from the Implementation of Sharia Law on the Minority of Western Thrace—ECtHR Molla Sali v. Greece, Application No. 20452/14, 19 December 2018." Religions 10, no. 5 (April 30, 2019): 300. http://dx.doi.org/10.3390/rel10050300.
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The Molla Sali case, recently heard by the ECtHR, concerns the compatibility of the implementation of Sharia in the family and personal relations of the Muslims of Western Thrace, who remained within the boundaries of the Greek State after the exchange of populations under the Treaty of Lausanne, to the ECHR. The applicant, a Greek national of the Muslim minority of Western Thrace, complained that she could not be beneficiary by testament of her deceased husband’s estate, member of the same minority, since, according to the position of the Court of Cassation, due to a series of international agreements and relevant domestic norms, the law of succession applicable to her case was the Islamic Law that prohibits the testament, instead of the civil law. However, the ECtHR found that the applicant was victim of a violation of article 14 of the ECHR in conjunction with article 1 of Protocol no 1. In this case, the ECtHR considered for the first time the question of the compatibility of a religious community’s separate legal status with the ECHR. The rationale behind the decision is within the framework of the core principles of the Court’s case law on the limits of the autonomy of religious communities and acknowledgement of minority rights. The Court, based on the main line of arguments which constitute the corpus of its jurisprudence on religious and minority issues, ruled that the separate legal status of the Muslim minority cannot justify divergences from the application of the General Law, to the extent that such divergences violate the Greek citizens’ rights enshrined in the Constitution and the ECHR and it condemned Greece on the basis of “discrimination by association”.
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Katselli, Elena. "II. The Ankara Agreement, Turkey, and the Eu." International and Comparative Law Quarterly 55, no. 3 (July 2006): 705–17. http://dx.doi.org/10.1093/iclq/lei113.
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The Republic of Cyprus became independent on 16 August 1960 with the conclusion of three agreements between Cyprus, Greece, Turkey and the United Kingdom: the Treaty of Establishment,1 the Treaty of Guarantee,2 and the Treaty of Alliance.3 Due to limited space, this article will not consider the troubled history of the new Republic the structures of which were literally shattered by an unworkable and dysfunctional Constitution a few years only after its establishment and which eventually led to the Turkish invasion and continuing occupation of one third of its territory.4 Rather, this article intends to focus on recent legal developments provoked by Turkey's refusal to recognize the Republic of Cyprus, a Member State of the United Nations and as from May 2004 a Member of the European Union, in the context of Turkey's own aspirations to become an EU Member State.
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Tremblay, Guy. "Les situations d'urgence qui permettent en droit international de suspendre les droits de l'homme." Les Cahiers de droit 18, no. 1 (April 12, 2005): 3–60. http://dx.doi.org/10.7202/042154ar.
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This article describes and comments the types of emergency situations which are recognised by the international law of human rights as justifying suspension of specific rights and freedoms. The European standards on this matter are extensively analysed, and subsidiary consideration is given to many connected agreements and reports sponsored by international organisations. The introduction asks whether the public danger must always be "officially proclaimed". It then indicates what state organs should be competent to declare an emergency and to what extent their decisions in this respect are liable to effective judicial and political control. On the availability of such checks depends the enforcement of those further safeguards which international bills of rights have set with respect to when a crisis actually prevails. The first Chapter considers the terms whereby the derogation clauses of international charters of human rights refer to emergency situations and draws upon the construction which has been officially given to the relevant provisions. The definition of a public danger may be more or less encompassing and consequently more or less permissive. Thus, the reference in article 4(3)(c) of the European Convention on Human Rights to threats to the "well-being" in addition to threats to the "life" of the community has significantly broadened the scope of emergency exceptions to the freedom from forced or compulsory labour. Under the American Convention on Human Rights, derogatory measures can be taken when a situation "threatens the independence or security of a State Party", and it is demonstrated that this provides no valuable test as to whether a proclamation of emergency corresponds to an actual danger. The same is true of the expression "(threat to) the interests of the people" which appeared in the drafts of both the European Convention and the UN Covenant on Civil and Political Rights. These two agreements, as well as the European Social Charter, condone the taking of derogatory measures wherever the "life of the nation" is endangered, and the meaning of this phrase is studied in the light of the relevant preparatory works and the judicial pronouncements of the European Commission and Court of Human Rights. In the second Chapter, critical sets of circumstances involving revolutionary elements are considered with a view to ascertaining whether they meet the requirements of international bills or rights as regards the nature of the crisis. The main problem which was brought before the European Commission with respect to this matter is raised by the coming to power of an unconstitutional government. Has such a government the right to derogate from the Convention in order to preserve its own existence? An affirmative answer was given in the First Greek Case. Nevertheless, it is submitted that the Report of the Commission on this Case embodies a considerably hardened approach as compared to its earlier case-law. Moreover, on the merits of the Case, the Commission has not stuck to the right question and has overlooked the main element: it has, in fact, decided that on April 21, 1967, no public emergency threatened, the life of the constitutional, rather than the revolutionary, Government of Greece and it has not drawn at all upon the effects of the occurence of the coup itself. Threats to the territorial integrity of Contracting Parties are then shortly discussed and, with particular reference to self-determination, it is shown that most derogation clauses favour the preservation of the status quo. The same would hold good when it comes to threats to democracy as such, whether they be raised lawfully or not. In this connection, the European Commission appears to have qualified the sweeping language that it originally used in the German Communist Party Case. As to duration, finally. Chapter three asks whether the periods just preceding and just following a public danger are themselves covered by the relevant derogatory provisions. Anticipatory proclamations of emergency are invariably accepted as legitimate. All derogation clauses indicate that it is the threat which must be actual and not the hostilities, though these must be imminent. The European Commission has not applied consistently its own views on this matter. Conversely, transitional states of emergency may be acceptable from an economic standpoint, but not in the field of human rights. The difficulty here is to make sure that a crisis has not merely been placed under control and that a withdrawal of derogatory measures will not revive the threat to the life of the nation. This problem, it is submitted, must be treated in conjunction with the determination whether the suspension of rights and freedoms remained "strictly required by the exigencies of the situation". The article concludes that valuable standards have been set on the international plane as to conditions regulating the existence of those public emergencies which condone suspension of human rights. Most of these tend to make sure that the legal conception of a public danger continuously relates to an actual crisis and remains essentially limited in substance and in time. The case is also made for the retention of judicial control over the type of "political" decision involved.
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Fadil, Hamza, and Shen Yi. "Positive Acceptance of Morocco against Postitory Retirement Refugees 2011." Journal of Sociological Research 11, no. 1 (December 2, 2019): 37. http://dx.doi.org/10.5296/jsr.v11i1.15961.
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Morocco is a country in the North African region with a strategic geographical location for migration routes to Europe. Morocco borders Spain directly, causing thousands of migrants, refugees and asylum seekers to pass through Morocco as a transit country to get to Europe as a major destination. Previously, Morocco itself was a large migrant sending country with a total Moroccan diaspora abroad reaching almost 10% of the total population. The dynamics of Morocco as a sending, transit and now a recipient country for refugees makes Morocco have a policy dynamic that is quite interesting to study. Starting with Law 02-03 which made Morocco the first Arab country to have regulations on refugees, ratification of the 2011 constitution, until the enactment of the National Policy on Immigration and Asylum (NPIA) in 2013 made Morocco continue to get praise from various parties for its quite friendly regulations against these refugees, despite various diplomatic pressures that Morocco has received from other countries such as Spain and Greece. Morocco then offers permanent residency for refugees who fulfill the procedure. In discussing the motives behind Morocco's positive response, Jacobsen's concept of influencing factors influencing Jacobsen's explanations explains 4 variable factors: international relations, national security considerations, the competitiveness of local communities, and bureaucratic decisions.
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Stevens, Christopher Portosa. "Kinds of Democracy: New Models of Federal Republics and Multi-Level Governments." Central European Journal of International and Security Studies 13, no. 2 (June 26, 2019): 10–30. http://dx.doi.org/10.51870/cejiss.a130206.
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In “Kinds of Democracy,” I vary the kind of democracy across levels in multi-level governments and federations. Varying the kind of democracy from level to level produces new competitive structures (and also new kinds of political complexity), such as producing opportunity structures for political parties to move up or down in a federation or multi-level government. Varying the kind of democracy from level to level also partly resembles some of the irregular and complex political forms of city-state republics of ancient Greece and early modern Italy, particularly compared to more standardized forms of democracy in the contemporary world. Varying the kind of democracy from level to level is also a new kind of response to the “iron law of oligarchy,” since it is a way of increasing the competitive and democratic nature government by creating new opportunity structures for political competition between political parties, and new opportunity structures for organizational differentiation and competition across governmental and societal levels. I also discuss some practical applications of designing new models of constitutions based on varying the kind of democracy from level to level. These include the potential for remedying violent conflict by creating opportunity structures for cross-cutting alliances by political parties across regions, across national and regional divides, and also across possible ethnic, religious, linguistic, and ideological cleavages within and across regions.
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Stawowy-Kawka, Irena. "Macedonia – nowe wyzwania i trudne kompromisy (2016−2019)." Studia Środkowoeuropejskie i Bałkanistyczne 30 (2021): 205–26. http://dx.doi.org/10.4467/2543733xssb.21.015.13808.
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Macedonia – New Challenges and Difficult Compromises (2016−2019) After the SDSM (Socijaldemokratski sojuz na Makedonija – Social Democratic Union of Macedonia) took over the government in 2017, the party proposed reforms which, although fundamental for the future of the country, were difficult to accept by the majority of Macedonian society. Nevertheless, SDSM’s policy, approved and monitored by the European Union and the US, was to lead to Macedonia joining NATO and EU structures in the near future. It should also be noted that both the US and the EU are strategic partners of the Republic, which actively support the processes taking place there. Having signed the agreement with Greece, on 17 June 2018 the Republic of Macedonia changed its official name. After the entry into force of the amendments to the Constitution and ratification of the Greek-Macedonian bilateral agreement by both parties, the country adopted the name of the Republic of North Macedonia (mac. Република Серверна Македонија). In February 2019, just after the parliaments of North Macedonia and Greece ratified the Prespa Agreement, the accession process of North Macedonia to NATO began. The condition for accession was the consent of the parliaments of all members of the Alliance for enlargement. Immediately after such approval, on 27 March 2020, the decision on membership was announced in Brussels by its chairman, Jens Stoltenberg. Macedonia’s relations with Bulgaria and Serbia have also changed, and the Albanians have been granted further privileges and rights in this country – in the opinion of the Macedonians it is very difficult to accept and implement. The escalation of nationalist sentiment in the country’s internal relations is important, caused not only by foreign policy but also by concessions to the Albanians. The Law on the Use of Languages, also known as the ‘language law’, criticized not only by the Macedonian scientific elite, but also by the Venice Commission, which sees certain threats to Macedonia in granting such extensive rights to the Albanian population, strengthens the opposition. On 26 March 2020, the EU gave its consent to start accession negotiations with Albania and the Republic of North Macedonia. Negotiations with Bulgaria are ongoing and it will be difficult to find a compromise. The biggest challenge for the government will be to convince the public that it is in the interest of its citizens to make compromises with both Greeks and Albanians and in the future with Bulgarians. In this case, the EU position will be very important, both in relation to the Albanian and Bulgarian demands.
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O’Rourke, K. A. C. "Post-Brexit. The Politics of Resentment and EU Reintegration: Creating A New Legal Constitution for Capitalism." International and Comparative Law Review 19, no. 1 (June 1, 2019): 38–73. http://dx.doi.org/10.2478/iclr-2019-0002.
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Summary The GeoNOMOS model introduced in Part I, is a qualitative descriptive taxonomy updating traditional notions of sovereignty for this century and was generally applied to the 2016–2018 BREXIT divorce negotiations between the U.K. and the remaining 27EU suggesting a reintegration and redefinition of the legitimate expression of sovereignty in the region.[Diagram 01] The taxonomy depicts a framework of liberty that functions simultaneously within the core function of the State at the intersection of a vertical axis depicting a State’s domestic operation and a horizontal axis depicting the State function as part of an international community of States. The GeoNOMOS confirms two primary roles for the 21st century sovereign State: [1] to protect participatory democracy based on individual liberty. This is generally accomplished by the State supporting broad diversity and its cultural heritage as well as fully funded, functional and integrated domestic institutions along its vertical axis, and [2]to promote an enterprise of law supporting a global society of economic traders along its horizontal axis. This primary role of the State occurs at its core when all three essential capital resources –economic capital, social capital, and human capital – remain highly integrated and in balance. Part II specifically highlights economic capital development and utilization at the core function of the State – a shifting dynamic that has influenced most all of the BREXIT 2017–2019 negotiations to date. The December 2018 EU – BREXIT Withdrawal Agreement a Declaration repeatedly failed U.K. parliamentary adoption between January – June 2019 forcing Theresa May’s resignation as Prime Minister. The most contentious quagmire of the BREXIT Withdrawal Agreement was in the structuring of rules of law around regulating economic capital, financial markets, and global marketplace function for any future UK – EU partnership. The political chaos around BREXIT was feared by the EU political elite in terms of its disruptive impact on the May 2019 European Parliament elections and future EU budget planning and priorities. But the 2019 EU Parliament election was already a process divided on questions of political party legitimacy since 2014 with a deepening of the “politic of resentment” on the Continent between 2016–2018.The EUP elections of May 2019 have caused the biggest political shift in the EU for forty years. Part II engages this “politic of resentment” best described as a steady rise of populism across the region and Continent that challenges the post-World War II notions of liberal democracy, the values of EU solidarity, and the traditional role of the “welfare state.” More to the point, the U.K. electorate was not the only EU member outlining an action plan based on its politic of resentment in the 2016–2018 national election cycles – electoral politics in Greece, Italy, Poland, Hungary, Austria, Germany, France, Czech Republic, and Spain aggressively promoted rights of sovereign States. These national elections and the 2019 EUP elections attacked fragmented EU economic policy and highlighted the democratic imbalances of EU institutions in their day-to-day operations. These calls for an institutional “course correction” within the EU are shattering fifty years of solidarity and crying out for a redefinition of democracy and new rules of law for economic models relevant to the 21st century. Economic, legal, and historical research by Piketty, Rodrik, Grewal, and others who support democracy, point to documented gaps in economic capital at the level of the State, in global capital formation and in growing wealth inequality, all alarming trends which are part of the “politic of resentment”. Their research calls for creating a new 21st century legal constitution for capitalism as a course correction for the first legal constitution for capitalism, eg, colonialism. Picketty and Grewal argue new approaches are needed to replace both the post-war “welfare State” [1945–1979]and now, the capitalist ideology of neoliberalism [c.1980–2010], decried as defunct even by the International Monetary Fund. Part II suggests a legal reconfiguration for economic capital development and utilization –one operating inside the GeoNOMOS framework of liberty, first to support its four cornerstones and its enterprise of law and, then, based on those choice sets, to design a new paradigm for capitalist globalization in the marketplace.1
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Wytrwał, Tomasz. "Kościelny "modus procedendi" w przypadkach pedofilii." Prawo Kanoniczne 52, no. 1-2 (June 5, 2009): 229–53. http://dx.doi.org/10.21697/pk.2009.52.1-2.09.
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In ancient Greece and in the countries of the East paedophile activities were, generally, not prosecuted; they were considered to be normal sexual practices. The Church saw this issue differently and, from the very beginning, condemned paedophilia. The earliest Church documents bear witness to that: Didache (ca 100), St. Justin condemns it in his Apologia (ca 153), Synod of Elwira (305-306), Apostolic Constitutions (ca 380), Gratian’s Decretum (ca 1140), the third Lateran Council (1179), the fourth Lateran Council (1215), the Code of Canon Law of 1917, and the Code of Canon Law of 1983. Paedophilia is a sexual deviation when an adult experiences sexual gratification only in relations with children that have not yet developed secondary and tertiary sexual features. According to the International Classifications of Diseases ICD-10, and according to the classification of the American Psychological Association DSM-IV, paedophilia belongs to the disturbances of sexual preferences. Paedophilia may take various forms: with or without the physical contact, with or without the use of force, it can also take the form of child’s pornography. According to can. 1395,2 of the Code of Canon Law the following are the distinctive elements that make up the crime of paedophilia: a) the age of the victim (below the age of eighteen) b) t he sexual nature of the offense against the sixth commandment of the Decalogue; c) the perpetrator must be a cleric. The Church’s Modus Procedendi stipulates that in cases of the molesting of minors, in the light of the Code of Canon Law of 1983 and of the EPISTULA a Congregatione pro Doctrina Fidei missa ad totius Catholicae Ecclesiae Episcopos aliosque Ordinarios et Hierarchas interesse habentes: DE DELICTIS GRAVIORIBUS eidem Congregationi pro Doctrina Fidei reservatis of 18th May 2001, the ecclesiastic superior must be notified of the likelihood of an offense having been committed. He conducts the preliminary investigation of which he, then, notifies the Congregation for the Doctrine of the Faith. The Congregation for the Doctrine of the Faith, having studied the findings of the preliminary investigation conducted by the ecclesiastic superior, issues him with an instruction as to the further proceedings. In the Church, the prosecution in cases of the molesting of minors terminates when ten years have lapsed since the victim came of age.
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Purcell, Sarah J. "The Constitutional Origins of the American Revolution, by Jack P. GreeneThe Constitutional Origins of the American Revolution, by Jack P. Greene. New Histories of American Law series. New York, Cambridge University Press, 2011. xxiv, 198 pp. $74.09 Cdn (cloth), $21.26 Cdn (paper)." Canadian Journal of History 48, no. 2 (September 2013): 355–57. http://dx.doi.org/10.3138/cjh.48.2.355.
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Konig, David Thomas. "Jack P. Greene, Negotiated Authorities: Essays in Colonial Political and Constitutional History, Charlottesville and London: University Press of Virginia, 1994. Pp. xx + 488. $60.00 cloth (ISBN 0-8139-1516-3), $19.95 paper (ISBN 0-8139-1517-1)." Law and History Review 15, no. 1 (1997): 199–201. http://dx.doi.org/10.2307/827728.
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