Modern challenges for the Rule of Law in Greece

Abstract

The Rule of Law is safeguarded by Greek Constitution. At the same time the jurisprudence of the Greek Courts acknowledges Rule of Law as a meta-principle from which other principles such as legal certainty and guarantee of legitimate expectations come from. The main components of the Rule of Law, such as separation of powers, protection of human rights, independent judiciary, and review of constitutionality, are enshrined by Greek Constitution and legislation. The implementation of the European Convention on Human Rights by the state agents and the judiciary is quite sufficient. However, there are some grey zones with regard to the implementation of the Rule of Law main principles by state agents and the judiciary. The loopholes do not refer to the formal safeguards provided by Rule of Law, but on how such safeguards are enforced. There are four distinct areas where we could locate these deficiencies. They are the following: a) the enforcement of judgments by public authorities b) the overcrowding of prisons and the lack of efficient mechanisms for the examination of complaints filed against policemen c) The dissolution by public authorities of associations formed by people who identify themselves as Turks and d) The majoritarian twist in the election of the members of independent authorities the Greek Constitution provides for.