The consequences of a lack of Constitutional Court in Greece

Written by Christos Email.Τσίχλης, Lawyer Of Athens
In Greece there is no Constitutional Court, and required an act of
of public administration for the implementation of a…
of a judicial decision. The act of administration usually takes too long, citing as a justification of the delay, the lack of resources for the implementation of the decision. On the contrary, the decision of the Constitutional Court is valid from the it is published, as the law of the state, without requiring any prior act of the public administration. A necessary precondition is the merit-based election of Court of the Constitutional Court,
in order to function as an independent Court.
The Constitutional Court controls the constitutionality of laws, has
jurisdiction to hear constitutional complaints of citizens and controlling
the acts and omissions of all state organs. Every citizen
is entitled to appeal against the state act which deals with a
constitutional individual right. As state act means
each act of each of the three powers of the state, not only of
executive. So the act can be law, administrative act or
judicial decision. If the Constitutional Court upholds the
action, then cancels the operation. If the act is a judicial decision,
then quash the decision of the previous court and refer
the case to it for retrial. The decisions are
binding for all state institutions.
Responsible for the control of constitutionality of laws, is the
Constitutional Court. The courts address a question
the Constitutional Court, before being called to implement the law, for the
which put in doubt the συνταγματικοτητά.
The P.D. It is competent to hear and determine in a second degree of objections
arising from the national elections. The P.D. Hears appeals against
the president of the Republic or prime minister, for willful violation of the
Constitution or law and may be declared forfeited.
The Constitution of Greece does not provide for establishment and operation of Constitutional Court, and required a revision of the Constitution. The P.D. It is necessary, because the diffuse
monitoring the constitutionality of laws, creates various
problems. Justice of the peace may declare a provision
unconstitutional, while there are contrary decisions of the Council of
State. The Constitutional Court would exercise a preventive control
and αποφέυγονταν phenomena of subjective interpretation of laws and
of the Constitution. But we have to find a meritocratic way
the election of the judges of the Constitutional Court. A merit-based
way, that will ensure the independence of the institution.