Quality of Democracy
#23Key Findings
Despite free and fair electoral procedures, Greece falls into the lower-middle ranks (rank 24) with regard to democracy quality. Its score on this measure is unchanged relative to its 2014 level.
A recently passed law has somewhat improved the transparency of political party funding, but monitoring has proved ineffective. A plan to expand local referendums has been postponed. Judicial appointments have become less politicized. The government resorted to governing by decree during the pandemic.
Declining revenues have made media organizations more susceptible to government influence. Government funding to media organizations for a COVID-19 campaign was distributed on the basis of political or unclear criteria. Journalists have been mistreated while covering protests or migration issues. The structure of media ownership is becoming increasingly oligopolistic.
Civil rights and political liberties are generally well protected. LGBTQ+ rights have expanded in recent years. The poor conditions faced by refugees and migrants in detention centers have improved somewhat. Popular opinion has been increasingly hostile toward refugees. Anti-corruption mechanisms have become better organized, but more resources are needed.
A recently passed law has somewhat improved the transparency of political party funding, but monitoring has proved ineffective. A plan to expand local referendums has been postponed. Judicial appointments have become less politicized. The government resorted to governing by decree during the pandemic.
Declining revenues have made media organizations more susceptible to government influence. Government funding to media organizations for a COVID-19 campaign was distributed on the basis of political or unclear criteria. Journalists have been mistreated while covering protests or migration issues. The structure of media ownership is becoming increasingly oligopolistic.
Civil rights and political liberties are generally well protected. LGBTQ+ rights have expanded in recent years. The poor conditions faced by refugees and migrants in detention centers have improved somewhat. Popular opinion has been increasingly hostile toward refugees. Anti-corruption mechanisms have become better organized, but more resources are needed.
Graph View
Graph View
How fair are procedures for registering candidates and parties?
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Legal regulations provide for a fair registration procedure for all elections; candidates and parties are not discriminated against.
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6
A few restrictions on election procedures discriminate against a small number of candidates and parties.
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Some unreasonable restrictions on election procedures exist that discriminate against many candidates and parties.
2
1
1
Discriminating registration procedures for elections are widespread and prevent a large number of potential candidates or parties from participating.
The last national parliamentary elections took place in July 2019, after the regional and municipal elections of May 2019. There was a smooth government turnover in July 2019 with the formation of a single-party majority government.
In Greece, there is no discrimination in registration procedures nor are potential candidates or parties prevented from participating in elections. Exceptions include active military officers, who cannot run for office. Prison convicts who serve life sentences are disqualified, otherwise the matter is left to the discretion of the sentencing court.
Before elections, parties and candidates are required to submit a petition to the highest civil and criminal court (Areios Pagos) which monitors formalities such as checking that no other parties have the same name.
The legality or fairness of elections is not challenged by parties nor candidates. Despite the acute political conflict with respect to the causes and management of the long economic crisis of the 2010s, the conduct of electoral procedures in Greece has remained reliable throughout the crisis.
Citations:
Regulations for registering a candidate are listed in article 55 of the constitution, while incompatibilities are listed in articles 56, 57 and 58. For the relevant provisions of the constitution, translated into English, see http://www.venice.coe.int/VOTA/en/s tart.html [accessed on 11.05.2013].
In Greece, there is no discrimination in registration procedures nor are potential candidates or parties prevented from participating in elections. Exceptions include active military officers, who cannot run for office. Prison convicts who serve life sentences are disqualified, otherwise the matter is left to the discretion of the sentencing court.
Before elections, parties and candidates are required to submit a petition to the highest civil and criminal court (Areios Pagos) which monitors formalities such as checking that no other parties have the same name.
The legality or fairness of elections is not challenged by parties nor candidates. Despite the acute political conflict with respect to the causes and management of the long economic crisis of the 2010s, the conduct of electoral procedures in Greece has remained reliable throughout the crisis.
Citations:
Regulations for registering a candidate are listed in article 55 of the constitution, while incompatibilities are listed in articles 56, 57 and 58. For the relevant provisions of the constitution, translated into English, see http://www.venice.coe.int/VOTA/en/s tart.html [accessed on 11.05.2013].
To what extent do candidates and parties have fair access to the media and other means of communication?
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9
All candidates and parties have equal opportunities of access to the media and other means of communication. All major media outlets provide a fair and balanced coverage of the range of different political positions.
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Candidates and parties have largely equal opportunities of access to the media and other means of communication. The major media outlets provide a fair and balanced coverage of different political positions.
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3
Candidates and parties often do not have equal opportunities of access to the media and other means of communication. While the major media outlets represent a partisan political bias, the media system as a whole provides fair coverage of different political positions.
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1
Candidates and parties lack equal opportunities of access to the media and other means of communications. The major media outlets are biased in favor of certain political groups or views and discriminate against others.
Incumbent political parties represented either in the national parliament or the European Parliament have equal opportunities for media access. Until 2019, the country’s national public broadcaster (ERT) primarily, if not exclusively, communicated the views of the government, but the news content was much less biased in 2020–2021 than ever before.
Private media are also selective in their reporting and many are sensationalist. Private media owners often change sides, first favoring the government and then the opposition, while selectively highlighting certain issues depending on their business strategies. However, the range of media outlets, from the extreme left to the extreme right, is very wide. Media pluralism is fully developed, even though the quality of information is very debatable. Importantly, during electoral campaigns, candidates and parties enjoy relatively equal opportunities to access the media.
Private media are also selective in their reporting and many are sensationalist. Private media owners often change sides, first favoring the government and then the opposition, while selectively highlighting certain issues depending on their business strategies. However, the range of media outlets, from the extreme left to the extreme right, is very wide. Media pluralism is fully developed, even though the quality of information is very debatable. Importantly, during electoral campaigns, candidates and parties enjoy relatively equal opportunities to access the media.
To what extent do all citizens have the opportunity to exercise their right of participation in national elections?
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9
All adult citizens can participate in national elections. All eligible voters are registered if they wish to be. There are no discriminations observable in the exercise of the right to vote. There are no disincentives to voting.
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The procedures for the registration of voters and voting are for the most part effective, impartial and nondiscriminatory. Citizens can appeal to courts if they feel being discriminated. Disincentives to voting generally do not constitute genuine obstacles.
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3
While the procedures for the registration of voters and voting are de jure non-discriminatory, isolated cases of discrimination occur in practice. For some citizens, disincentives to voting constitute significant obstacles.
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1
The procedures for the registration of voters or voting have systemic discriminatory effects. De facto, a substantial number of adult citizens are excluded from national elections.
Voting in Greece is mandatory by law. However, it is rarely enforced. There is neither discrimination in the exercise of the right to vote nor any disincentive for voting. Upon being born, Greeks are registered in the municipality where their family resides. These records serve as lists of citizens eligible to vote. There is, however, a need to clean these records to remove persons who are deceased or have permanently migrated to other countries. Thus, the records include names of persons who will never turn out to vote. The result is that election turnout rates are calculated based on an aggregate that is much higher than the actual number of eligible voters.
Since 2016, the minimum voting age has been lowered to 17 years. A new, additional electoral registration process was rolled out in 2021. In the period under review, the Greek government started a campaign to implement a law, passed in December 2019, that facilitates participation in elections for Greek voters residing abroad. Owing to multiple waves of emigration from Greece in the previous century and to the “brain drain” in the wake of the recent economic crisis, a very large number of registered voters still reside abroad and until recently had to come back to Greece to exercise their right to vote.
The law of December 2019 provided for the creation of special electoral registers for such Greek voters in their countries of residence. Anyone who had lived in Greece for a total of two years in the span of the last 35 years and who had filed a tax declaration in Greece in the current or previous tax year was eligible to be included in the special electoral registers.
Citations:
The law facilitating the registration of voters living abroad was L. 4648/2019.
Since 2016, the minimum voting age has been lowered to 17 years. A new, additional electoral registration process was rolled out in 2021. In the period under review, the Greek government started a campaign to implement a law, passed in December 2019, that facilitates participation in elections for Greek voters residing abroad. Owing to multiple waves of emigration from Greece in the previous century and to the “brain drain” in the wake of the recent economic crisis, a very large number of registered voters still reside abroad and until recently had to come back to Greece to exercise their right to vote.
The law of December 2019 provided for the creation of special electoral registers for such Greek voters in their countries of residence. Anyone who had lived in Greece for a total of two years in the span of the last 35 years and who had filed a tax declaration in Greece in the current or previous tax year was eligible to be included in the special electoral registers.
Citations:
The law facilitating the registration of voters living abroad was L. 4648/2019.
To what extent is private and public party financing and electoral campaign financing transparent, effectively monitored and in case of infringement of rules subject to proportionate and dissuasive sanction?
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The state enforces that donations to political parties are made public and provides for independent monitoring to that respect. Effective measures to prevent evasion are effectively in place and infringements subject to effective, proportionate and dissuasive sanctions.
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The state enforces that donations to political parties are made public and provides for independent monitoring. Although infringements are subject to proportionate sanctions, some, although few, loopholes and options for circumvention still exist.
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The state provides that donations to political parties shall be published. Party financing is subject to some degree of independent monitoring but monitoring either proves regularly ineffective or proportionate sanctions in case of infringement do not follow.
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The rules for party and campaign financing do not effectively enforce the obligation to make the donations public. Party and campaign financing is neither monitored independently nor, in case of infringements, subject to proportionate sanctions.
Party financing for national elections is regulated by law 3023/2003, as amended by law 4304/2014. Legislation formally adheres to guidelines established by the Council of Europe, but is not fully implemented.
Legislation constrained the size of budget outlays to parties, increased transparency regarding donations to parties and barred the practice of parties obtaining bank loans against future revenue, which the parties would expect to receive from the state. Every year, the interior minister issues a ministerial ordinance which distributes funds to parties that received at least 1.5% of the total vote in the most recent election.
Ιn the past, state-owned and private banks lent millions of euros to Greek political parties. However, the banks proved unable to force the parties to repay their loans, as successive governments protected over-indebted parties. Even today the largest parties struggle to service the debts they accumulated over the past two decades.
Under pressure from the Council of Europe and other international organizations, Greece improved national legislation on party financing in 2017 (laws 4472/2017 and 4509/2017). However, the legislation has been amended several times in the years that followed in a back-and-forth manner.
There have also been improvements in the way party financing is monitored. The competent authority is a parliamentary committee, the Committee for the Investigation of Declaration of Assets (CIDA). As noted in the European Commission’s latest report on rule of law in Greece (2021), the CIDA regularly receives financial statements from parties which contain information about the amount and sources of political party income and expenses, as well as financial obligations and debts. The committee has performed audits, and – despite long backlogs – has already found financial breaches in 11 cases and imposed appropriate financial sanctions.
Despite improvements, there remains an implementation gap regarding rules for party financing; Greece’s record on this front remains mixed. For the most part, monitoring remains ineffective and the real sources of party financing are not fully known. This inefficiency is attributable to both the governing and opposition parties.
Citations:
Council of Europe (2020), “Second Compliance Report Greece,” GRECO, 16.11.2020, available at https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-members-of/1680a06121
European Commission (2021), “2021 Rule of Law Report – Country Chapter on the rule of law situation in Greece,” available at https://ec.europa.eu/info/sites/default/files/2021_rolr_country_chapter_greece_en.pdf
On the non-implementation of regulations of party financing, Sotiropoulos, Dimitri A. (2020), “Corruption and Anti-corruption in Today’s Greece,” ELIAMEP working paper, December 2020, available at https://www.eliamep.gr/en/publication/%CE%B4%CE%B9%CE%B1%CF%86%CE%B8%CE%BF%CF%81%CE%AC-%CE%BA%CE%B1%CE%B9-%CE%BA%CE%B1%CF%84%CE%B1%CF%80%CE%BF%CE%BB%CE%AD%CE%BC%CE%B7%CF%83%CE%B7-%CF%84%CE%B7%CF%82-%CE%B4%CE%B9%CE%B1%CF%86%CE%B8%CE%BF/
Institute for Democracy and Electoral Assistance (iDEA), Greece (https://www.idea.int/data-tools/country-view/139/55)
Legislation constrained the size of budget outlays to parties, increased transparency regarding donations to parties and barred the practice of parties obtaining bank loans against future revenue, which the parties would expect to receive from the state. Every year, the interior minister issues a ministerial ordinance which distributes funds to parties that received at least 1.5% of the total vote in the most recent election.
Ιn the past, state-owned and private banks lent millions of euros to Greek political parties. However, the banks proved unable to force the parties to repay their loans, as successive governments protected over-indebted parties. Even today the largest parties struggle to service the debts they accumulated over the past two decades.
Under pressure from the Council of Europe and other international organizations, Greece improved national legislation on party financing in 2017 (laws 4472/2017 and 4509/2017). However, the legislation has been amended several times in the years that followed in a back-and-forth manner.
There have also been improvements in the way party financing is monitored. The competent authority is a parliamentary committee, the Committee for the Investigation of Declaration of Assets (CIDA). As noted in the European Commission’s latest report on rule of law in Greece (2021), the CIDA regularly receives financial statements from parties which contain information about the amount and sources of political party income and expenses, as well as financial obligations and debts. The committee has performed audits, and – despite long backlogs – has already found financial breaches in 11 cases and imposed appropriate financial sanctions.
Despite improvements, there remains an implementation gap regarding rules for party financing; Greece’s record on this front remains mixed. For the most part, monitoring remains ineffective and the real sources of party financing are not fully known. This inefficiency is attributable to both the governing and opposition parties.
Citations:
Council of Europe (2020), “Second Compliance Report Greece,” GRECO, 16.11.2020, available at https://rm.coe.int/fourth-evaluation-round-corruption-prevention-in-respect-of-members-of/1680a06121
European Commission (2021), “2021 Rule of Law Report – Country Chapter on the rule of law situation in Greece,” available at https://ec.europa.eu/info/sites/default/files/2021_rolr_country_chapter_greece_en.pdf
On the non-implementation of regulations of party financing, Sotiropoulos, Dimitri A. (2020), “Corruption and Anti-corruption in Today’s Greece,” ELIAMEP working paper, December 2020, available at https://www.eliamep.gr/en/publication/%CE%B4%CE%B9%CE%B1%CF%86%CE%B8%CE%BF%CF%81%CE%AC-%CE%BA%CE%B1%CE%B9-%CE%BA%CE%B1%CF%84%CE%B1%CF%80%CE%BF%CE%BB%CE%AD%CE%BC%CE%B7%CF%83%CE%B7-%CF%84%CE%B7%CF%82-%CE%B4%CE%B9%CE%B1%CF%86%CE%B8%CE%BF/
Institute for Democracy and Electoral Assistance (iDEA), Greece (https://www.idea.int/data-tools/country-view/139/55)
Do citizens have the opportunity to take binding political decisions when they want to do so?
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Citizens have the effective opportunity to actively propose and take binding decisions on issues of importance to them through popular initiatives and referendums. The set of eligible issues is extensive, and includes national, regional, and local issues.
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Citizens have the effective opportunity to take binding decisions on issues of importance to them through either popular initiatives or referendums. The set of eligible issues covers at least two levels of government.
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Citizens have the effective opportunity to vote on issues of importance to them through a legally binding measure. The set of eligible issues is limited to one level of government.
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Citizens have no effective opportunity to vote on issues of importance to them through a legally binding measure.
No effective opportunity to vote on important issues was available to Greeks in the last few years. While referendums are provided for in the constitution, the government’s surprise decision in July 2015 to launch a referendum on an austerity package, which was being negotiated with the European Union, destabilized the economy and negatively affected relations between Greece and its euro area partners.
In 2018, the then government provided local government authorities and citizens with the legal framework to launch local referendums, even on issues which were outside the remit of local authorities (Law 4555/2018). This legislation could have broadened opportunities for citizens to vote on issues of importance. However, given the over-politicized nature of local government elections in Greece and the deep cleavages within many municipal councils along national political party lines, it could also have destabilized political stability and policy implementation at the municipal level. The government that came to power in 2019 passed legislation to postpone the implementation of the clauses on local referendums.
The unfortunate, if not awkward, handling of the referendum of 2015 and the equally debatable attempt to promote referendums at the local level (even on non-local issues) have diminished the prospect of citizens being able to vote on issues of importance to them at least in the near future.
Citations:
Τhe conduct of referendums in Greece is regulated by article 44 of the constitution and Law 4023/2011.
In 2018, the then government provided local government authorities and citizens with the legal framework to launch local referendums, even on issues which were outside the remit of local authorities (Law 4555/2018). This legislation could have broadened opportunities for citizens to vote on issues of importance. However, given the over-politicized nature of local government elections in Greece and the deep cleavages within many municipal councils along national political party lines, it could also have destabilized political stability and policy implementation at the municipal level. The government that came to power in 2019 passed legislation to postpone the implementation of the clauses on local referendums.
The unfortunate, if not awkward, handling of the referendum of 2015 and the equally debatable attempt to promote referendums at the local level (even on non-local issues) have diminished the prospect of citizens being able to vote on issues of importance to them at least in the near future.
Citations:
Τhe conduct of referendums in Greece is regulated by article 44 of the constitution and Law 4023/2011.
Graph View
To what extent are the media independent from government?
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Public and private media are independent from government influence; their independence is institutionally protected and fully respected by the incumbent government.
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The incumbent government largely respects the independence of media. However, there are occasional attempts to exert influence.
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The incumbent government seeks to ensure its political objectives indirectly by influencing the personnel policies, organizational framework or financial resources of public media, and/or the licensing regime/market access for private media.
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Major media outlets are frequently influenced by the incumbent government promoting its partisan political objectives. To ensure pro-government media reporting, governmental actors exert direct political pressure and violate existing rules of media regulation or change them to benefit their interests.
In 2020 and 2021, owing to the COVID-19 public health crisis, there was a further decline in the circulation of printed media, while a reduction in advertising has strained Greece’s media sector. These developments have made media outlets more susceptible to government influence.
After the COVID-19 outbreak in early 2020, the Greek government disbursed €20 million to print and electronic media to carry public health messages, such as the “Stay at Home” campaign during the first lockdown of that year. The government was accused of allocating the aforementioned amount in a discriminatory fashion and withholding information on the list of funding recipients. It made the relevant information public with a few months delay in July 2020. After that disclosure, it turned out that in some cases (mainly news websites) the allocation of funds had relied on political or unclear criteria, although opposition outlets had received funds. Nevertheless, most private mass media held a generally responsible stance on the COVID-19 pandemic, promoting vaccination.
Journalists were sometimes subject to mistreatment, particularly while attempting to cover protests or report on migration issues. For example, German and Italian media teams were temporarily detained by police on the islands of Lesbos and Samos. The European Commission flagged concerns about attacks and threats against journalists in Greece in its July 2021 Rule of Law Report, in particular the killing of Greek investigative journalist Giorgos Karaivaz.
In late 2021, the Greek parliament approved an amendment to the Penal Code and the Code of Criminal Procedure, which extended the previous definition of “false information” and reinforced the relevant penalties. The new regulations, which include the possibility of prison sentences for offenders, provoked much criticism.
The public broadcaster’s performance improved after the government turnover of July 2019, even though the journalist appointed as head of the broadcaster in August 2019 was a close associate of the new prime minister (the leader of New Democracy, Kyriakos Mitsotakis). To sum up, in 2020–2021, the government largely respected media autonomy, although it made occasional efforts to influence them.
Citations:
European Commission, Rule of Law Report, July 2021 (https://ec.europa.eu/info/policies/justice-and-fundamental-rights/upholding-rule-law/rule-law/rule-law-mechanism/2021-rule-law-report/2021-rule-law-report-communication-and-country-chapters_en)
Freedom House, Freedom in the World 2021, Greece (https://freedomhouse.org/country/greece/freedom-world/2021)
Reporters without Borders, “New Greek law against disinformation endangers press freedom,” December 1, 2021 (https://rsf.org/en/news/new-greek-law-against-disinformation-endangers-press-freedom)
After the COVID-19 outbreak in early 2020, the Greek government disbursed €20 million to print and electronic media to carry public health messages, such as the “Stay at Home” campaign during the first lockdown of that year. The government was accused of allocating the aforementioned amount in a discriminatory fashion and withholding information on the list of funding recipients. It made the relevant information public with a few months delay in July 2020. After that disclosure, it turned out that in some cases (mainly news websites) the allocation of funds had relied on political or unclear criteria, although opposition outlets had received funds. Nevertheless, most private mass media held a generally responsible stance on the COVID-19 pandemic, promoting vaccination.
Journalists were sometimes subject to mistreatment, particularly while attempting to cover protests or report on migration issues. For example, German and Italian media teams were temporarily detained by police on the islands of Lesbos and Samos. The European Commission flagged concerns about attacks and threats against journalists in Greece in its July 2021 Rule of Law Report, in particular the killing of Greek investigative journalist Giorgos Karaivaz.
In late 2021, the Greek parliament approved an amendment to the Penal Code and the Code of Criminal Procedure, which extended the previous definition of “false information” and reinforced the relevant penalties. The new regulations, which include the possibility of prison sentences for offenders, provoked much criticism.
The public broadcaster’s performance improved after the government turnover of July 2019, even though the journalist appointed as head of the broadcaster in August 2019 was a close associate of the new prime minister (the leader of New Democracy, Kyriakos Mitsotakis). To sum up, in 2020–2021, the government largely respected media autonomy, although it made occasional efforts to influence them.
Citations:
European Commission, Rule of Law Report, July 2021 (https://ec.europa.eu/info/policies/justice-and-fundamental-rights/upholding-rule-law/rule-law/rule-law-mechanism/2021-rule-law-report/2021-rule-law-report-communication-and-country-chapters_en)
Freedom House, Freedom in the World 2021, Greece (https://freedomhouse.org/country/greece/freedom-world/2021)
Reporters without Borders, “New Greek law against disinformation endangers press freedom,” December 1, 2021 (https://rsf.org/en/news/new-greek-law-against-disinformation-endangers-press-freedom)
To what extent are the media characterized by an ownership structure that ensures a pluralism of opinions?
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Diversified ownership structures characterize both the electronic and print media market, providing a well-balanced pluralism of opinions. Effective anti-monopoly policies and impartial, open public media guarantee a pluralism of opinions.
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Diversified ownership structures prevail in the electronic and print media market. Public media compensate for deficiencies or biases in private media reporting by representing a wider range of opinions.
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Oligopolistic ownership structures characterize either the electronic or the print media market. Important opinions are represented but there are no or only weak institutional guarantees against the predominance of certain opinions.
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Oligopolistic ownership structures characterize both the electronic and the print media market. Few companies dominate the media, most programs are biased, and there is evidence that certain opinions are not published or are marginalized.
There are a large number of electronic and print media organizations, but the structure of ownership has become increasingly oligopolistic with strong cross-ownership across media formats.
In a country of 11 million inhabitants, there are more than 112 analog private TV stations with a national, regional or local license. There are also approximately 1,000 regional/local radio stations, approximately 1,500 news websites, and at least 10 daily and Sunday newspapers of national circulation.
While there are several pro-government Athens-based daily newspapers, there are some which are very critical of the government. The same holds for news websites with the majority of them being pro-government. However, there are some which are clearly and consistently influenced by the opposition.
However, this multitude of media sources conceals a much less pluralistic structure. Today in Greece, there are eight large press groups, which own the most popular and influential print and digital media. More concretely, the Greek media landscape is shaped by media groups controlled by business magnates, ship owners and large contractors. However, the exact ownership structure of media outlets is concealed by holding companies and little-known entities listed in official records; no exact ownership information is available.
Extensive cross-media ownership is common and this has negatively affected media independence. Wealthy businessmen control the largest private television, radio and social media channels. For example, the tycoon who owns Greece’s richest soccer team (Olympiacos), and has business interests in shipping and other sectors also owns two of the oldest Athenian newspapers (“To Vima” and “Ta Nea”), which enjoy large national circulation, and two TV channels (“One” and “Mega”).
The TV landscape is dominated by three private television channels (Antenna, Star and Skai), which offer popular shows and infotainment, and attract the majority of viewers.
Electronic media is also flourishing in the form of websites and blogs. There are an unknown number of anti-establishment electronic media, which – in the period under review – were followed by supporters of the anti-vaccination movement.
While Greece lacks an effective anti-monopoly policy for the media industry, media outlets do report a wide range of opinions. In fact, the media reports a wider range of opinions than in the previous decade. The government voices its opinions through the state-owned television broadcaster (ERT), and friendly newspapers and radio stations. The ERT also regularly broadcasts the views of the opposition, not only in news programs but also in shows of analysis and political debates. The opposition has a voice in the private media too, as political party leaders often participate in state and private television and radio programs. Small circulation newspapers attract readers by printing unsubstantiated accusations regarding politicians and businessmen. Regardless of their political profile, some marginal newspapers do not refrain from publishing news which, at times, borders on smear campaigns against political opponents. The tendency to print or broadcast unsubstantiated information was probably accentuated in 2020 and 2021, when sensationalist media adopted an anti-vaccination stance.
Citations:
On the oligopolistic structure of Greek Media and data on websites and blogs, see Papathanassopoulos S. et al (2021), “Greece: Media concentration and independent journalism between austerity and digital disruption,” available at https://norden.diva-portal.org/smash/get/diva2:1559286/FULLTEXT01.pdf
In a country of 11 million inhabitants, there are more than 112 analog private TV stations with a national, regional or local license. There are also approximately 1,000 regional/local radio stations, approximately 1,500 news websites, and at least 10 daily and Sunday newspapers of national circulation.
While there are several pro-government Athens-based daily newspapers, there are some which are very critical of the government. The same holds for news websites with the majority of them being pro-government. However, there are some which are clearly and consistently influenced by the opposition.
However, this multitude of media sources conceals a much less pluralistic structure. Today in Greece, there are eight large press groups, which own the most popular and influential print and digital media. More concretely, the Greek media landscape is shaped by media groups controlled by business magnates, ship owners and large contractors. However, the exact ownership structure of media outlets is concealed by holding companies and little-known entities listed in official records; no exact ownership information is available.
Extensive cross-media ownership is common and this has negatively affected media independence. Wealthy businessmen control the largest private television, radio and social media channels. For example, the tycoon who owns Greece’s richest soccer team (Olympiacos), and has business interests in shipping and other sectors also owns two of the oldest Athenian newspapers (“To Vima” and “Ta Nea”), which enjoy large national circulation, and two TV channels (“One” and “Mega”).
The TV landscape is dominated by three private television channels (Antenna, Star and Skai), which offer popular shows and infotainment, and attract the majority of viewers.
Electronic media is also flourishing in the form of websites and blogs. There are an unknown number of anti-establishment electronic media, which – in the period under review – were followed by supporters of the anti-vaccination movement.
While Greece lacks an effective anti-monopoly policy for the media industry, media outlets do report a wide range of opinions. In fact, the media reports a wider range of opinions than in the previous decade. The government voices its opinions through the state-owned television broadcaster (ERT), and friendly newspapers and radio stations. The ERT also regularly broadcasts the views of the opposition, not only in news programs but also in shows of analysis and political debates. The opposition has a voice in the private media too, as political party leaders often participate in state and private television and radio programs. Small circulation newspapers attract readers by printing unsubstantiated accusations regarding politicians and businessmen. Regardless of their political profile, some marginal newspapers do not refrain from publishing news which, at times, borders on smear campaigns against political opponents. The tendency to print or broadcast unsubstantiated information was probably accentuated in 2020 and 2021, when sensationalist media adopted an anti-vaccination stance.
Citations:
On the oligopolistic structure of Greek Media and data on websites and blogs, see Papathanassopoulos S. et al (2021), “Greece: Media concentration and independent journalism between austerity and digital disruption,” available at https://norden.diva-portal.org/smash/get/diva2:1559286/FULLTEXT01.pdf
To what extent can citizens obtain official information?
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Legal regulations guarantee free and easy access to official information, contain few, reasonable restrictions, and there are effective mechanisms of appeal and oversight enabling citizens to access information.
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Access to official information is regulated by law. Most restrictions are justified, but access is sometimes complicated by bureaucratic procedures. Existing appeal and oversight mechanisms permit citizens to enforce their right of access.
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Access to official information is partially regulated by law, but complicated by bureaucratic procedures and some poorly justified restrictions. Existing appeal and oversight mechanisms are often ineffective.
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1
Access to official information is not regulated by law; there are many restrictions of access, bureaucratic procedures and no or ineffective mechanisms of enforcement.
Citizens’ free and easy access to official information has been regulated since 1986. Several laws passed since then were codified in 2015 and streamlined along the European Union’s regulation GPDR of 2016, while new national legislation passed in 2019 was also adapted to the GPDR. Overall, government information is accessible, without violating sensitive personal data. However, new legislation passed in August 2019 (Law 4624/2019) expanded the range of restrictions to access official information beyond the restrictions already provided by the GDPR. In case of conflict between the principles of access to government information and personal data protection, an independent authority, the Hellenic Data Protection Authority (the APDPX), intervenes.
Owing to a law passed in 2010 (the “Clarity” law), all public documents are uploaded on a designated official platform. This requirement pertains to all administrative acts, laws, decrees, ministerial decisions and circulars. Otherwise, they are legally not valid. Public officials are required to make declarations of their assets and income public. There are a few reasonable access restrictions pertaining to matters of national security and defense.
There are effective mechanisms of appeal and oversight enabling citizens to access information, in addition to the aforementioned independent authority. First, there are administrative courts, including the Supreme Administrative Court (StE, Symvoulio tis Epikrateias). Second, there is the ombuds office, established in 1997. Unfortunately, owing to work overload, administrative courts can take a long time to decide on a case, but the ombuds office represents a well-managed mechanism of appeal and oversight. The ombuds office can demand that any public service responds to a citizen’s right to information, even though ministries themselves tend to be quite unresponsive to citizen requests.
Citations:
On the Data Protection Authority, see https://www.dpa.gr/en
The “Clarity” law is Law 3861/2010, passed in 2010. Presidential Decree 28/2015 issued in 2015, codified all previous legislation on access to information.
Today, access to information is regulated by European Union’s regulation GPDR, as complemented by Greece’s Law 4624/2019. Articles 33, 34 and 35 of the law go beyond GDPR provisions and expand restrictions to the citizens’ right of access to information. See L. Mitrou (2020), Greece: The New Data Protection Framework,” European Data Protection Law Review, 1/2020, pp. 107-113.
On the Data Protection Authority, see https://www.dpa.gr/en
Owing to a law passed in 2010 (the “Clarity” law), all public documents are uploaded on a designated official platform. This requirement pertains to all administrative acts, laws, decrees, ministerial decisions and circulars. Otherwise, they are legally not valid. Public officials are required to make declarations of their assets and income public. There are a few reasonable access restrictions pertaining to matters of national security and defense.
There are effective mechanisms of appeal and oversight enabling citizens to access information, in addition to the aforementioned independent authority. First, there are administrative courts, including the Supreme Administrative Court (StE, Symvoulio tis Epikrateias). Second, there is the ombuds office, established in 1997. Unfortunately, owing to work overload, administrative courts can take a long time to decide on a case, but the ombuds office represents a well-managed mechanism of appeal and oversight. The ombuds office can demand that any public service responds to a citizen’s right to information, even though ministries themselves tend to be quite unresponsive to citizen requests.
Citations:
On the Data Protection Authority, see https://www.dpa.gr/en
The “Clarity” law is Law 3861/2010, passed in 2010. Presidential Decree 28/2015 issued in 2015, codified all previous legislation on access to information.
Today, access to information is regulated by European Union’s regulation GPDR, as complemented by Greece’s Law 4624/2019. Articles 33, 34 and 35 of the law go beyond GDPR provisions and expand restrictions to the citizens’ right of access to information. See L. Mitrou (2020), Greece: The New Data Protection Framework,” European Data Protection Law Review, 1/2020, pp. 107-113.
On the Data Protection Authority, see https://www.dpa.gr/en
Graph View
To what extent does the state respect and protect civil rights and how effectively are citizens protected by courts against infringements of their rights?
10
9
9
All state institutions respect and effectively protect civil rights. Citizens are effectively protected by courts against infringements of their rights. Infringements present an extreme exception.
8
7
6
7
6
The state respects and protects rights, with few infringements. Courts provide protection.
5
4
3
4
3
Despite formal protection, frequent infringements of civil rights occur and court protection often proves ineffective.
2
1
1
State institutions respect civil rights only formally, and civil rights are frequently violated. Court protection is not effective.
Civil rights are protected by and included in the constitution (passed in 1975, and amended in 1986, 2001, 2008 and 2019) and the criminal code. Individuals are free to express their personal views on political or other sensitive topics without fear of surveillance or retribution. Judges are tenured and cannot be removed nor transferred by incoming governments. Courts guarantee the protection of life, freedom and property and protect all individuals against illegitimate arrest, exile, terror, torture or unjustifiable intervention into personal life. Greek citizens enjoy equal access to the law and are treated equally by the law. Restrictions imposed on the movement of persons and activities of businesses in the period under review were deemed constitutional by the courts, as was the compulsory vaccination of hospital staff and the staff of disaster management units.
Notably, despite intense political conflict throughout the previous decade, Greek democracy has continued to function and the courts have administered justice, albeit with very significant delays. Judges are unable to handle the constant overflow of cases, which have piled up for several years.
There are rare cases of officials failing to uphold the law as far as protecting human rights is concerned. Independent control mechanisms, such as free media, NGOs and social movements, are very sensitive to human rights violations. Such cases, which have occurred in reception camps for migrants and in prisons, have acquired wide publicity, but have taken a long time to be processed by the courts system. Despite delays, courts eventually sanction violations of human rights. For instance, the conviction and imprisonment of the leaders of the neo-Nazi party Golden Dawn, in October 2020, for the assassination of a left-wing rap singer in 2013, marked an improvement in the administration of justice.
In the meantime, the living conditions of migrants and asylum-seekers, stranded in reception centers (camps) on Greek islands, improved to some extent. After a deadly fire in 2019 in the Moria refugee camp on the island of Lesbos, the government passed new legislation to reorganize the camps, and began actively relocating refugees and migrants to better and smaller camps around mainland Greece. In 2021, the government also built new camps on large Greek islands (Lesbos and Samos) that face the coast of Turkey, the usual departure point of refugees and migrants.
In summary, the state protects civil rights, but organizational and bureaucratic obstacles in practice stand in the way of the comprehensive protection of these rights, particularly with regard to migrants and refugees.
Citations:
Τhe Council of the State (Greece’s highest administrative court) decided in November 2021 that the compulsory vaccination of medical doctors and nurses, as well as the staff of emergency units of disaster management (the EMAK units), was constitutional.
The new law on reorganization of refugee camps is L. 4636/2019.
Information in English on the Secretariat for the Protection of Unaccompanied Minors is available at https://migration.gov.gr/en/grammateies/eidiki-grammateia-prostasias-asynodeyton-anilikon/
Notably, despite intense political conflict throughout the previous decade, Greek democracy has continued to function and the courts have administered justice, albeit with very significant delays. Judges are unable to handle the constant overflow of cases, which have piled up for several years.
There are rare cases of officials failing to uphold the law as far as protecting human rights is concerned. Independent control mechanisms, such as free media, NGOs and social movements, are very sensitive to human rights violations. Such cases, which have occurred in reception camps for migrants and in prisons, have acquired wide publicity, but have taken a long time to be processed by the courts system. Despite delays, courts eventually sanction violations of human rights. For instance, the conviction and imprisonment of the leaders of the neo-Nazi party Golden Dawn, in October 2020, for the assassination of a left-wing rap singer in 2013, marked an improvement in the administration of justice.
In the meantime, the living conditions of migrants and asylum-seekers, stranded in reception centers (camps) on Greek islands, improved to some extent. After a deadly fire in 2019 in the Moria refugee camp on the island of Lesbos, the government passed new legislation to reorganize the camps, and began actively relocating refugees and migrants to better and smaller camps around mainland Greece. In 2021, the government also built new camps on large Greek islands (Lesbos and Samos) that face the coast of Turkey, the usual departure point of refugees and migrants.
In summary, the state protects civil rights, but organizational and bureaucratic obstacles in practice stand in the way of the comprehensive protection of these rights, particularly with regard to migrants and refugees.
Citations:
Τhe Council of the State (Greece’s highest administrative court) decided in November 2021 that the compulsory vaccination of medical doctors and nurses, as well as the staff of emergency units of disaster management (the EMAK units), was constitutional.
The new law on reorganization of refugee camps is L. 4636/2019.
Information in English on the Secretariat for the Protection of Unaccompanied Minors is available at https://migration.gov.gr/en/grammateies/eidiki-grammateia-prostasias-asynodeyton-anilikon/
To what extent does the state concede and protect political liberties?
10
9
9
All state institutions concede and effectively protect political liberties.
8
7
6
7
6
All state institutions for the most part concede and protect political liberties. There are only few infringements.
5
4
3
4
3
State institutions concede political liberties but infringements occur regularly in practice.
2
1
1
Political liberties are unsatisfactory codified and frequently violated.
The constitution extends strong protections to political liberties, including the right to vote, to think and speak freely, to assemble and demonstrate, to organize in collectives such as unions and associations and to submit petitions requiring a timely response by the competent authorities. Political liberties in 2020 and 2021 were well protected, as reported by international observers (e.g., Freedom House).
In 2020 and 2021, despite the risk of spreading the COVID-19 virus, mass protests organized by trade unions, by opposition parties and by the anti-vaccination movement were regularly held and were not suppressed by police forces. During the COVID-19 pandemic, in 2021, an amendment to the Penal Code made the spread of fake news on public health matters punishable and tightened penalties for disseminating fake news. The amendment was passed by the government majority in parliament, against the votes of the opposition and disagreement expressed by a few NGOs.
In the period under review, small anarchist groups in large cities sporadically attacked government buildings and the property of private companies, with whom they politically disagreed. As was the case in the past, small radical leftist groups infrequently closed down university or high school buildings by occupying them in protest against government measures they opposed.
In this context, the government regarded the issues of safety and security as taking a high priority. Ιn the period under review, the police evacuated privately owned buildings and rooms in state university buildings, which had been used by the aforementioned groups in Athens and other cities. However, the government’s intention to establish a special police force to patrol university campuses was delayed.
Greece’s largest recognized minority population, the Muslim minority of Western Thrace, has full political rights; four members of the community won seats in the last parliamentary elections (2019). However, based on international treaties which recognize only religious minorities in Greece (the Treaty of Lausanne, 1923), the authorities have rejected some ethnic minorities’ attempts to register associations with names referring to their ethnic identity. Since 2010, documented immigrants who reside in Greece have been allowed, under certain conditions, to vote in municipal elections.
The constitution guarantees religion freedom, but prohibits proselytization. However, the restriction is rarely enforced. For years, successive governments were reluctant to allow the establishment of places of Muslim worship. Finally, in 2019, the Muslim community of Athens started using a state-funded and state-run mosque.
Citations:
Freedom House Greece Profile 2021 https://freedomhouse.org/country/greece/freedom-world/2021
Stricter penalties on disseminating fake news, a crime sanctioned in Greece’s Penal Code (article 191), were provided in 2021, through Law 4855/2021 (article 36)
In 2020 and 2021, despite the risk of spreading the COVID-19 virus, mass protests organized by trade unions, by opposition parties and by the anti-vaccination movement were regularly held and were not suppressed by police forces. During the COVID-19 pandemic, in 2021, an amendment to the Penal Code made the spread of fake news on public health matters punishable and tightened penalties for disseminating fake news. The amendment was passed by the government majority in parliament, against the votes of the opposition and disagreement expressed by a few NGOs.
In the period under review, small anarchist groups in large cities sporadically attacked government buildings and the property of private companies, with whom they politically disagreed. As was the case in the past, small radical leftist groups infrequently closed down university or high school buildings by occupying them in protest against government measures they opposed.
In this context, the government regarded the issues of safety and security as taking a high priority. Ιn the period under review, the police evacuated privately owned buildings and rooms in state university buildings, which had been used by the aforementioned groups in Athens and other cities. However, the government’s intention to establish a special police force to patrol university campuses was delayed.
Greece’s largest recognized minority population, the Muslim minority of Western Thrace, has full political rights; four members of the community won seats in the last parliamentary elections (2019). However, based on international treaties which recognize only religious minorities in Greece (the Treaty of Lausanne, 1923), the authorities have rejected some ethnic minorities’ attempts to register associations with names referring to their ethnic identity. Since 2010, documented immigrants who reside in Greece have been allowed, under certain conditions, to vote in municipal elections.
The constitution guarantees religion freedom, but prohibits proselytization. However, the restriction is rarely enforced. For years, successive governments were reluctant to allow the establishment of places of Muslim worship. Finally, in 2019, the Muslim community of Athens started using a state-funded and state-run mosque.
Citations:
Freedom House Greece Profile 2021 https://freedomhouse.org/country/greece/freedom-world/2021
Stricter penalties on disseminating fake news, a crime sanctioned in Greece’s Penal Code (article 191), were provided in 2021, through Law 4855/2021 (article 36)
How effectively does the state protect against different forms of discrimination?
10
9
9
State institutions effectively protect against and actively prevent discrimination. Cases of discrimination are extremely rare.
8
7
6
7
6
State anti-discrimination protections are moderately successful. Few cases of discrimination are observed.
5
4
3
4
3
State anti-discrimination efforts show limited success. Many cases of discrimination can be observed.
2
1
1
The state does not offer effective protection against discrimination. Discrimination is widespread in the public sector and in society.
Protection against discrimination on the basis of race has been regulated since 1979, while protection against gender discrimination is regulated by the family law passed in 1983. The European Union’s legislative acts also provide protection from gender discrimination. However, legislation against discrimination has rarely been implemented effectively. Women in particular, though theoretically enjoying equality before the law, continue to face workplace discrimination in practice. The Romany minority (numbering probably more than 200,000) is also subject to discrimination despite legal protections.
In the years since 2015, the outcry against racism and the rise to power of a left-wing party, Syriza, contributed to a decline in discrimination. Greece has seen significant improvements in the protection of LGBTQ+ rights in recent years. New legislation, passed between 2015 and 2017, grants extensive rights to same-sex couples and recognizes self-proclaimed gender identities for people experiencing gender dysphoria.
Ιn 2020 and 2021, the influx of migrants and refugees slowed down. The coastal communities on the Greek islands of the Aegean Sea did not have to manage the large waves of immigration encountered before to 2019 under the permissive policies of the previous government. Migration policy became much stricter after the change of government in 2019. However, in early 2020, very large, organized groups of immigrants suddenly tried to push through Greece’s land border with Turkey and enter the country. Greek security forces held them back and massive inflows were prevented. In view of the above, a general climate of unfriendliness, if not outright hostility, toward refugees and migrants has become the norm in communities scattered around Greece.
Citations:
Family relations are regulated through law 1329/1982, while anti-discrimination legislation is found in law 927/1079 (amended in 2001 to facilitate the intervention of prosecuting authorities against trespassers). European Union law, naturally also applicable in Greece, regulates gender discrimination. See, for instance, the Gender Directive, officially known as Council Directive 2004/113/EC of 13 December 2004.
Information on protection of LGBTI rights is available from https://www.ilga-europe.org/resources/news/latest-news/greece-gender-recognition-law-oct2017
In the years since 2015, the outcry against racism and the rise to power of a left-wing party, Syriza, contributed to a decline in discrimination. Greece has seen significant improvements in the protection of LGBTQ+ rights in recent years. New legislation, passed between 2015 and 2017, grants extensive rights to same-sex couples and recognizes self-proclaimed gender identities for people experiencing gender dysphoria.
Ιn 2020 and 2021, the influx of migrants and refugees slowed down. The coastal communities on the Greek islands of the Aegean Sea did not have to manage the large waves of immigration encountered before to 2019 under the permissive policies of the previous government. Migration policy became much stricter after the change of government in 2019. However, in early 2020, very large, organized groups of immigrants suddenly tried to push through Greece’s land border with Turkey and enter the country. Greek security forces held them back and massive inflows were prevented. In view of the above, a general climate of unfriendliness, if not outright hostility, toward refugees and migrants has become the norm in communities scattered around Greece.
Citations:
Family relations are regulated through law 1329/1982, while anti-discrimination legislation is found in law 927/1079 (amended in 2001 to facilitate the intervention of prosecuting authorities against trespassers). European Union law, naturally also applicable in Greece, regulates gender discrimination. See, for instance, the Gender Directive, officially known as Council Directive 2004/113/EC of 13 December 2004.
Information on protection of LGBTI rights is available from https://www.ilga-europe.org/resources/news/latest-news/greece-gender-recognition-law-oct2017
Graph View
To what extent do government and administration act on the basis of and in accordance with legal provisions to provide legal certainty?
10
9
9
Government and administration act predictably, on the basis of and in accordance with legal provisions. Legal regulations are consistent and transparent, ensuring legal certainty.
8
7
6
7
6
Government and administration rarely make unpredictable decisions. Legal regulations are consistent, but leave a large scope of discretion to the government or administration.
5
4
3
4
3
Government and administration sometimes make unpredictable decisions that go beyond given legal bases or do not conform to existing legal regulations. Some legal regulations are inconsistent and contradictory.
2
1
1
Government and administration often make unpredictable decisions that lack a legal basis or ignore existing legal regulations. Legal regulations are inconsistent, full of loopholes and contradict each other.
The state administration operates on the basis of a legal framework that is extensive, complex, fragmented and sometimes contradictory. Formalism dominates legislation. Legal regulations are often not consistently applied. Acts passed by parliament often have seemingly extraneous items added, which only confuses things further.
Since the start of the COVID-19 pandemic in February 2020, the government has repeatedly passed new legislation to adapt to changing circumstances, particularly public health risks and the pandemic’s negative economic impact. In the period under review, the government resorted to governing by decree to prevent the spread of COVID-19 in the country.
Regardless of the pandemic, a law passed in July 2019 helped reorganize the top echelons of the government and monitor all central public services with the intention of bolstering the rule of law across public administration. For example, in contrast with the pre-2020 period, ministries are now obliged to schedule the drafting of any new legislation in advance and publish every December their legislative plans for the year to come. The law established a Westminster-style, centralized body (the General Secretariat of Legal and Parliamentary Affairs) to be the “gatekeeper” for quality regulatory, parliamentary and legislative drafts, as well as two intra-governmental committees, the Committee of Scrutiny of Legislative Process (tasked with ensuring the regulatory quality of new bills) and the Committee for Codification (tasked with scrutinizing existing legislation).
Nevertheless, the practice of frequently amending recently passed legislation has continued. Given the overproduction of regulations, the legal framework in major policy sectors, such as regulations governing taxation and pensions, still suffer from loopholes and contradictions that negatively impact on legal certainty.
Citations:
The law passed in July 2019 to reorganize the central public administration and the planning and implementation of laws is L. 4622/2019
International Association for Legislation, Innovative Drafting Strategy and Manuals in Greece, 15 May 2020 (https://ial-online.org/innovative-drafting-strategy-and-manuals-in-greece/)
Since the start of the COVID-19 pandemic in February 2020, the government has repeatedly passed new legislation to adapt to changing circumstances, particularly public health risks and the pandemic’s negative economic impact. In the period under review, the government resorted to governing by decree to prevent the spread of COVID-19 in the country.
Regardless of the pandemic, a law passed in July 2019 helped reorganize the top echelons of the government and monitor all central public services with the intention of bolstering the rule of law across public administration. For example, in contrast with the pre-2020 period, ministries are now obliged to schedule the drafting of any new legislation in advance and publish every December their legislative plans for the year to come. The law established a Westminster-style, centralized body (the General Secretariat of Legal and Parliamentary Affairs) to be the “gatekeeper” for quality regulatory, parliamentary and legislative drafts, as well as two intra-governmental committees, the Committee of Scrutiny of Legislative Process (tasked with ensuring the regulatory quality of new bills) and the Committee for Codification (tasked with scrutinizing existing legislation).
Nevertheless, the practice of frequently amending recently passed legislation has continued. Given the overproduction of regulations, the legal framework in major policy sectors, such as regulations governing taxation and pensions, still suffer from loopholes and contradictions that negatively impact on legal certainty.
Citations:
The law passed in July 2019 to reorganize the central public administration and the planning and implementation of laws is L. 4622/2019
International Association for Legislation, Innovative Drafting Strategy and Manuals in Greece, 15 May 2020 (https://ial-online.org/innovative-drafting-strategy-and-manuals-in-greece/)
To what extent do independent courts control whether government and administration act in conformity with the law?
10
9
9
Independent courts effectively review executive action and ensure that the government and administration act in conformity with the law.
8
7
6
7
6
Independent courts usually manage to control whether the government and administration act in conformity with the law.
5
4
3
4
3
Courts are independent, but often fail to ensure legal compliance.
2
1
1
Courts are biased for or against the incumbent government and lack effective control.
Courts are independent of the government and the legislature. Members of the judiciary are promoted through the internal hierarchy of the judiciary. An exception to this is the appointment of the most senior judges and prosecutors. The body of judges and a higher organ of the parliament are consulted on the appointment of the most senior judges and prosecutors, although eventually the government decides. Successive governments have not resisted the temptation to handpick their favored candidates for the president posts of the highest courts. Nevertheless, according to the Greek constitution, judges at all levels serve until retirement age and cannot be removed arbitrarily.
Judges are recruited through independent entrance examinations and then trained in a post-graduate level educational institution. The court system is self-managed. However, there is a dire need to restructure the courts, which are spread all over the country, meaning that resources are thinly distributed. Moreover, to this day, there is no code of conduct for judges. In a formal sense, courts in Greece are able to monitor whether government and administration act in conformity with the law.
Whether courts do so efficiently is another matter, because they cannot ensure legal compliance. They act with delays and pass contradictory judgments, owing to the plethora of laws and opaque character of regulations. Periodically, there is a tug-of-war between the government and the justice system, rendering judicial review a sensitive and unpredictable process. For instance, it is not uncommon for courts to overturn clauses of pension legislation, judging them to be unconstitutional and thus upsetting the government’s drive to contain public pension costs.
Overall, in 2020–2021, the capacity of courts to control whether the government and administration acted in conformity with the law was strengthened. The appointment of senior judges and prosecutors was less biased than in previous periods. There was also some progress made in making courts more efficient, as a new law on the management of the clerical staff of courts was passed in 2021, while there were some improvements in the electronic coding of cases in criminal proceedings and the electronic filing of cases in administrative courts.
Citations:
Articles 87-91 of the Greek constitution provide for the independence of judges and articles 93-100 for the independent organization of courts.
Information on the extent and quality of judicial review is available at the European Commission’s latest (2021) report on Rule of Law in Greece, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52021SC0709
Judges are recruited through independent entrance examinations and then trained in a post-graduate level educational institution. The court system is self-managed. However, there is a dire need to restructure the courts, which are spread all over the country, meaning that resources are thinly distributed. Moreover, to this day, there is no code of conduct for judges. In a formal sense, courts in Greece are able to monitor whether government and administration act in conformity with the law.
Whether courts do so efficiently is another matter, because they cannot ensure legal compliance. They act with delays and pass contradictory judgments, owing to the plethora of laws and opaque character of regulations. Periodically, there is a tug-of-war between the government and the justice system, rendering judicial review a sensitive and unpredictable process. For instance, it is not uncommon for courts to overturn clauses of pension legislation, judging them to be unconstitutional and thus upsetting the government’s drive to contain public pension costs.
Overall, in 2020–2021, the capacity of courts to control whether the government and administration acted in conformity with the law was strengthened. The appointment of senior judges and prosecutors was less biased than in previous periods. There was also some progress made in making courts more efficient, as a new law on the management of the clerical staff of courts was passed in 2021, while there were some improvements in the electronic coding of cases in criminal proceedings and the electronic filing of cases in administrative courts.
Citations:
Articles 87-91 of the Greek constitution provide for the independence of judges and articles 93-100 for the independent organization of courts.
Information on the extent and quality of judicial review is available at the European Commission’s latest (2021) report on Rule of Law in Greece, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52021SC0709
To what extent does the process of appointing (supreme or constitutional court) justices guarantee the independence of the judiciary?
10
9
9
Justices are appointed in a cooperative appointment process with special majority requirements.
8
7
6
7
6
Justices are exclusively appointed by different bodies with special majority requirements or in a cooperative selection process without special majority requirements.
5
4
3
4
3
Justices are exclusively appointed by different bodies without special majority requirements.
2
1
1
All judges are appointed exclusively by a single body irrespective of other institutions.
Before the onset of the crisis, the appointment of justices was almost exclusively managed by the government. Today, candidates for the presidency of the highest civil and criminal law court (Areios Pagos), administrative law court (Symvoulio tis Epikrateias), the audit office, as well as senior prosecutors are nominated by justices themselves. Then the lists of candidates are submitted to a higher-ranking organ of the parliament, the Conference of the Presidents of the Greek parliament. This is an all-party institution which submits an opinion to the Cabinet of Ministers, the institution which appoints senior justices (listed above). This arrangement has been criticized by international observers (the European Commission and the Council of Europe) for allowing the government to limit the judiciary’s independence.
In the past, the government used to apply the seniority principle, rather than political criteria, in selecting justices to serve at the highest echelons of the justice system. However, in 2015–2019, the appointment of judges became more politicized, provoking tensions among judges. After that period, although the government retained the competence to appoint the most senior judges and prosecutors, calmness was more or less restored, as the justices selected for the highest posts were overall respected by their colleagues.
Citations:
Law 2841/2010 stipulates that the appointment of presidents and vice-presidents of the highest courts requires the non-binding opinion of the high-ranking parliamentary committee titled Conference of the Presidents of the Greek parliament.
The European Commission’s view is available in the latest Rule of Law report for Greece(2021), available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52021SC0709
In the past, the government used to apply the seniority principle, rather than political criteria, in selecting justices to serve at the highest echelons of the justice system. However, in 2015–2019, the appointment of judges became more politicized, provoking tensions among judges. After that period, although the government retained the competence to appoint the most senior judges and prosecutors, calmness was more or less restored, as the justices selected for the highest posts were overall respected by their colleagues.
Citations:
Law 2841/2010 stipulates that the appointment of presidents and vice-presidents of the highest courts requires the non-binding opinion of the high-ranking parliamentary committee titled Conference of the Presidents of the Greek parliament.
The European Commission’s view is available in the latest Rule of Law report for Greece(2021), available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52021SC0709
To what extent are public officeholders prevented from abusing their position for private interests?
10
9
9
Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
8
7
6
7
6
Most integrity mechanisms function effectively and provide disincentives for public officeholders willing to abuse their positions.
5
4
3
4
3
Some integrity mechanisms function, but do not effectively prevent public officeholders from abusing their positions.
2
1
1
Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
In 2020, Greece ranked 59th among countries surveyed by Transparency International and scored 50 out of 100 on the Corruption Perception Index (CPI). In terms of perceptions of corruption, progress has been made since the beginning of the economic crisis commensurate to legal and organizational improvements in anti-corruption.
Above all, amendments to the constitution in 2019, which entered into force in 2020, substantially reduced the leniency of anti-corruption provisions for high-level corruption. Τhe statutory limit for criminal investigations into members of parliament and government ministers was extended, reducing their immunity.
While improvements have been made to the functioning of integrity mechanisms over time, organizational instability has plagued such mechanisms. Particularly during 2012–2018, new integrity mechanisms were periodically established and abolished. Between 2015 and 2018, these mechanisms became extremely politicized, as anti-corruption policies were exclusively aimed against opposition politicians.
Thereafter, the organizational landscape of integrity mechanisms was stabilized with the establishment of the National Transparency Authority in 2019, and the merger of the Office of the Economic Crime Prosecutor and the Anti-Corruption Prosecutors in 2020. Τhe National Anti-Corruption Plan was updated in 2020 and a new one for 2022–2025 is being prepared. Numerous integrity mechanisms, such as corps of inspectors, were subsumed under the National Transparency Authority.
While the National Transparency Authority grew in 2020–2021 in terms of available personnel and resources, in other integrity mechanisms (e.g., offices of prosecutors), there was a lack of administrative staff, skilled staff to monitor cases of sophisticated financial crimes, appropriate digital tools and a system of case management.
Generally, in the period under review, some progress was made in strengthening the regulatory framework and preserving integrity. Constitutional impediments to tackling high-level corruption were lifted. Greece’s integrity mechanisms were better organized than in the past, but still lacked sufficient resources to accomplish their tasks.
Citations:
For the ranking of Greece by Transparency International in 2020, see
https://www.transparency.org/en/cpi/2020/index/grc
Article 86 of the constitution of Greece was amended in 2019 to improve on integrity mechanisms.
For the European Commission’s assessment of anti-corruption policies, see the latest (2021) EC report on Rule of Law in Greece, available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52021SC0709
Above all, amendments to the constitution in 2019, which entered into force in 2020, substantially reduced the leniency of anti-corruption provisions for high-level corruption. Τhe statutory limit for criminal investigations into members of parliament and government ministers was extended, reducing their immunity.
While improvements have been made to the functioning of integrity mechanisms over time, organizational instability has plagued such mechanisms. Particularly during 2012–2018, new integrity mechanisms were periodically established and abolished. Between 2015 and 2018, these mechanisms became extremely politicized, as anti-corruption policies were exclusively aimed against opposition politicians.
Thereafter, the organizational landscape of integrity mechanisms was stabilized with the establishment of the National Transparency Authority in 2019, and the merger of the Office of the Economic Crime Prosecutor and the Anti-Corruption Prosecutors in 2020. Τhe National Anti-Corruption Plan was updated in 2020 and a new one for 2022–2025 is being prepared. Numerous integrity mechanisms, such as corps of inspectors, were subsumed under the National Transparency Authority.
While the National Transparency Authority grew in 2020–2021 in terms of available personnel and resources, in other integrity mechanisms (e.g., offices of prosecutors), there was a lack of administrative staff, skilled staff to monitor cases of sophisticated financial crimes, appropriate digital tools and a system of case management.
Generally, in the period under review, some progress was made in strengthening the regulatory framework and preserving integrity. Constitutional impediments to tackling high-level corruption were lifted. Greece’s integrity mechanisms were better organized than in the past, but still lacked sufficient resources to accomplish their tasks.
Citations:
For the ranking of Greece by Transparency International in 2020, see
https://www.transparency.org/en/cpi/2020/index/grc
Article 86 of the constitution of Greece was amended in 2019 to improve on integrity mechanisms.
For the European Commission’s assessment of anti-corruption policies, see the latest (2021) EC report on Rule of Law in Greece, available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52021SC0709