Guide to Foreign and International Legal Citations - New York ...

I. COUNTRY PROFILE (Civil Law)
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GREECE
Elliniki Dhimokratia (Hellenic Republic)
The modern Greek state, officially known as the Hellenic Republic, was established in
1830. Greece is a presidential, parliamentarian democracy. Its legal system is based on the civil
law tradition. Greece became a full member of the European Union in 1981.
The Constitution, the fundamental written law of the country, follows the doctrine of the
separation of powers, and provides numerous checks and balances. Executive power is vested in
the Greek Government, legislative power is vested in Parliament, and judicial powers are vested
in the Courts.
The President of the Republic is the head of state. Under the Constitution, as amended in
1975 and 1986, the President’s role is primarily ceremonial. The President is elected by a twothirds
vote of the Members of Parliament for an office of five years. Executive powers are
vested in the Prime Minister and the Ministerial Cabinet. The Prime Minister is usually the head
of the political party that achieved a majority of votes during the elections. He or she selects the
members of the Ministerial Cabinet. The Cabinet and the Prime Minister must enjoy the support
of a majority of the members of the Parliament throughout their term.
Parliament consists of a single body with 300 members. Members of Parliament are
directly elected by the people every four years.
The Greek legal system is separated into two main categories: public and private. The
hierarchy of legal rules includes the Constitution, International Treaties, Laws and Customs,
Presidential Decrees, and Administrative Acts. Most important laws are codified by category.
Examples include the Civil Code, Commercial Code, Penal Code, Code of Civil Procedure, Code
of Criminal Procedure, Code of Private Maritime Law, Code of Public Maritime Law, Code of
Administrative Procedure, and Military Penal Code. Jurisprudence, scholars’ opinions and other
legal literature are not considered formal sources of law, owed partly to Greece’s civil law
background. Judicial precedent, however, especially decisions of the Supreme Civil and
Criminal Court (Areios Pagos), are often reflected in legislative actions and amendments.
Judicial power is vested in civil, criminal and administrative courts. All the judges are
appointed for life by the President of the respective court after consultation with a judicial
council. The Constitution lays out in detail the procedure for the appointment of judges, their
privileged salary scales, and acts and responsibilities deemed incompatible with their judicial
functions. It also provides for their independence. Each type of court is divided into courts of
first instance and courts of appeal. In addition, the Supreme Court hears appeals of civil and
criminal decisions. The Supreme Civil and Criminal Court does not make findings of fact; it
focuses only on legal issues and the correct interpretation of the applicable law. The Supreme
Civil and Criminal Court does not have discretionary power to choose the cases it hears.
The Council of State (Symboulio tis Epikrateias) is the supreme administrative law court.
The Council of State hears appeals of lower court decisions. It also has original jursidiction over
cases involving requests for abolition (annulment) of illegal and harmful administrative decisions
and acts. Like the Supreme Civil and Criminal Court, the Council of State does not have
discretionary power to choose the cases it hears.
The Audit Court (Elegktiko Synedrio) has jurisdiction over matters involving state funds,
such as national income, state salaries, and state financial transactions. The Audit Court‘s