Greece

   

Horizontal Accountability

#16
Key Findings
Greece falls into the sample’s middle ranks (rank 16) in the category of horizonal accountability.

The Court of Audit is highly respected and independent. It audits public finances, oversees public procurement and acts as a court for public pension disputes. The data protection authority is also independent, with sufficient resources to be an effective advocate for data protection and privacy.

Greece’s judiciary operates independently of the executive. Even first-instance courts have the power to declare government decisions unconstitutional, but the Supreme Administrative Court has the final say. Civil rights are generally widely respected, but allegations have emerged that the intelligence service recently wiretapped journalists and politicians.

The anti-corruption policy framework has been substantially strengthened in recent years, including through the creation of an independent new anti-corruption authority in 2019. The parliament has sufficient resources and powers to monitor the executive and help shape policy.

Independent Supervisory Bodies

#15

Is there an independent audit office? To what extent is it capable of exercising effective oversight?

10
 9

There exists an effective and independent audit office.
 8
 7
 6


There exists an effective and independent audit office, but its role is somewhat limited.
 5
 4
 3


There exists an independent audit office, but its role is considerably limited.
 2
 1

There is no independent and effective audit office.
Effective Public Auditing
8
Greece’s Hellenic Court of Audit (ElSyn 2024) is a highly respected and independent institution with nearly 200 years of history, having been established in 1833 and modeled on the French “Cour des Comptes.” The Greek constitution guarantees its organization and operation (Article 98).

The Hellenic Court of Audit plays a crucial role in auditing public finances and acts as a high-level court for disputes related to public pensions and the financial responsibilities of public servants. Among its most significant tasks are controlling government expenditures and supervising public procurement, especially concerning high-cost public tenders.

The audit office has unrestricted access to information, documents, and premises during its audits. It is well-equipped with the financial and human resources necessary to fulfill its duties. The executive branch cannot interfere with the decisions made by the audit office, and these decisions carry the weight of court rulings, which the government and public administration are obliged to follow.

The audit office is held in high regard, on par with Greece’s highest courts, such as the Supreme Criminal and Civil Court (Areios Pagos) and the Supreme Administrative Court (Symvoulio tis Epikrateias). Accordingly, the head (president) of the audit office is appointed in the same manner as the heads of these courts, as specified in the constitution (Article 90, paragraph 5). This process involves the ranking of candidates by the supreme courts, followed by the cabinet selecting appointees from among the highest-ranking judges and submitting a list of candidates to a parliamentary committee composed of the speaker, vice presidents, and other heads of parliamentary committees (the “Conference of Parliamentary Chairmen”). This committee votes by reinforced majority on the new head, who is then officially appointed by the Minister of Justice.

While the appointment process allows for some political discretion, it generally ensures the independence of the audit office’s head.

The audit office publishes an annual report, which it submits to parliament. Although these reports are not frequently covered in the media or widely utilized by the legislature, they are an essential part of parliamentary debates.

Citations:
ElSyn. 2024. “Hellenic Court of Audit.” https://www.elsyn.gr/en

Is there an independent authority that effectively holds government offices accountable for their handling of data protection and privacy issues?

10
 9

An independent and effective data protection authority exists.
 8
 7
 6


An independent and effective data protection authority exists, but its role is somewhat limited.
 5
 4
 3


A data protection authority exists, but both its independence and effectiveness are considerably limited.
 2
 1

There is no effective and independent data protection office.
Effective Data Protection
9
Greece has a nationally recognized independent data protection authority, the Hellenic Data Protection Authority (DPA 2024), which is acknowledged by the constitution (Article 9A) and tasked with upholding citizens’ rights to personal data protection. Established in 1997 and updated in 2019, the DPA operates in line with corresponding EU Directives and European Council Regulations.

The DPA is empowered to issue decisions that the government and public administration must comply with. It has the necessary resources, organizational structure, and personnel to effectively advocate for data protection and privacy. The DPA independently determines which cases to audit and has the authority to request all necessary information and question officials.

The head of the DPA is selected through a process designed to guarantee independence, as provided by the constitution (Article 101A). The selection process is conducted by a parliamentary committee consisting of the speaker, vice presidents, and other heads of parliamentary committees (the “Conference of Parliamentary Chairmen”). This committee votes by a reinforced majority on the new head of the DPA.

Typically, the DPA is led by a retired high-ranking judge, and its decisions are binding on the government and public administration, although there may be delays in their implementation.

The DPA publishes an annual report, which it submits to parliament. While these findings are sometimes reported in the media and utilized in parliamentary debates, this occurs infrequently.

Citations:
DPA. 2024. “The Hellenic DPA.” https://www.dpa.gr/en

The laws regulating the DPA are Law 2472/1997 and 4624/2019.

Rule of Law

#22

To what extent does an independent judiciary ensure that the government, administration and legislature operate in accordance with the constitution and law?

10
 9

The judiciary effectively ensures that the government and legislature act in accordance with the law.
 8
 7
 6


The judiciary usually manages to ensure that the government and legislature act in accordance with the law.
 5
 4
 3


The judiciary fails to ensure effective legal compliance in some crucial cases.
 2
 1

The judiciary fails to ensure effective legal control.
Effective Judicial Oversight
8
Greece’s national courts can effectively review actions and norms implemented by the executive and legislative branches, with the independence of the judiciary guaranteed by the constitution (Article 26 on the separation and balance of powers and Articles 93–100 on the organization and jurisdiction of courts).

The judiciary in Greece operates with legal autonomy from the government and parliament. Although Greece does not have a Constitutional Court, it employs an independent, diffuse system of constitutional review, allowing even first-instance courts to declare government decisions (e.g., presidential decrees, ministerial circulars) unconstitutional, thus rendering them invalid. However, the Supreme Administrative Court (Symvoulio tis Epikrateias), modeled after the French Conseil d’État, has the final say on citizens’ appeals against government decisions.

There is a cooperative procedure for appointing high-ranking judges to lead the supreme administrative court and the supreme civil and criminal court (the “Areios Pagos”). Both parliament and the cabinet participate in the selection process. Courts submit the names of candidates for the head positions of these supreme courts to the Minister of Justice, who then forwards the list of candidates to a designated parliamentary body. This body consists of the speaker, the vice presidents, and other heads of parliamentary committees (the so-called “Conference of Parliamentary Chairmen”). It serves in a consultative capacity, auditing candidates for the posts of heads of supreme courts and voting on them.

Eventually, based on the constitution (article 90 paragraph 5), the cabinet makes the decision on new heads of the supreme courts. This decision is effected by a presidential decree issued on the cabinet’s proposal. The cabinet usually follows the suggestions of the other institutions involved in the process. The entire procedure is publicly transparent, and the media report on it. Thus, the independence of justices appointed to the top of the supreme courts is largely secured.

Challenging government actions in Greece is relatively accessible through the administrative courts of first instance. If a citizen is dissatisfied with the court’s decision, they have the right to appeal to the administrative court of second instance, and ultimately, to the supreme administrative court, the Symvoulio tis Epikrateias. The cost of pursuing legal action is relatively low. For cases in the first-instance administrative courts, the court fee is approximately €100 (Lawspot 2024), while legal representation by a lawyer typically starts at around €200. If the case is brought before the supreme administrative court, the total cost can exceed €1,500.
Court rulings, even those significant to the government, are respected and complied with. The government is obligated to adhere to these decisions. The only method by which the government can avoid compliance with a court ruling is by passing new legislation that amends the relevant regulations invalidated by the courts. However, such amendments would only apply to future cases and not retroactively. For instance, during the Greek economic crisis, the government complied with court decisions requiring the payment of higher pensions to individuals whose pensions had been reduced by austerity measures, which were lower than those stipulated by earlier legislation. Nonetheless, subsequent legislation passed by parliament set pensions at lower levels for future payments.

Citations:
Lawspot. 2024. “Detailed list of fees for the Athens first-instance administrative court.” https://www.lawspot.gr/nomikes-plirofories/voithitika-kemena/analytikos-pinakas-telon-ensimon-kai-paravolon-gia-dioikitiko

How well does the executive branch and its members uphold and safeguard civil rights, and to what extent do the courts effectively protect citizens against rights violations?

10
 9

There are no limits or constraints on the realization of civil rights.
 8
 7
 6


There are no significant limits or constraints on the realization of civil rights.
 5
 4
 3


There are some significant limits or constraints on the realization of civil rights.
 2
 1

There are multiple significant limits or constraints on the realization of civil rights.
Universal Civil Rights
7
The Greek constitution ensures equality before the law (Article 4) and guarantees personal liberty, the right to life and security, protection from torture and inhumane treatment, and the right to privacy (Articles 5–9).

Citizens in Greece generally do not face significant constraints on the realization of their civil rights. They have access to civil courts and can afford legal representation.

A public debate is ongoing in 2023–2024 regarding the legalization of same-sex marriage. The government is preparing a bill to legalize such marriages, though it will limit childbearing options for homosexual couples (e.g., prohibiting surrogacy). Opposition to the bill has been expressed by the Greek Orthodox Church, far-right parties, and some MPs from the ruling party, but the government remains committed to legislating on this issue (Associated Press, 2023).

Since mid-2022, allegations of privacy violations have emerged, particularly concerning the wiretapping of journalists covering immigration and politicians, including ruling party officials and an opposition leader. Greece’s National Intelligence Service has been implicated, and the government denies responsibility, though investigations by prosecuting authorities are ongoing.

While civil rights are generally respected in Greece, there are chronic delays in the administration of justice, even in less sensitive civil law cases. International assessments reflect these issues, with Greece ranking 49th out of 140 countries in the World Justice Project’s Rule of Law Index (2022). Amnesty International (2023) has also reported instances of excessive force used by police, particularly against Roma minority suspects.

Citations:
Amnesty International. 2023. “Greece.” https://www.amnesty.org/en/location/europe-and-central-asia/greece/

Associated Press. 2023. “Greek Government Says it Stands By Same-Sex Marriage Even After Opposition by the Church.” https://apnews.com/article/greece-lgbtq-marriage-orthodox-church-d13cd46d593fad0d7becedee0b0df340

World Justice Project. 2022. “Greece.” Factor 7 – Civil Justice. https://worldjusticeproject.org/rule-of-law-index/factors/2022/Greece/Civil%20Justice/

To what extent are public officeholders prevented from abusing their position for private interests?

10
 9

Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
 8
 7
 6


Most integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
 5
 4
 3


Few integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
 2
 1

Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
Effective Corruption Prevention
6
Greece has implemented a comprehensive legal framework to prevent and sanction the abuse of public office. The constitution outlines procedures for holding government ministers accountable for criminal acts committed during their tenure (Article 86). Legislation adopted in 2003 details ministerial criminal liability, and the Criminal Code, amended in 2019, penalizes corrupt acts by public officials, including civil servants (Article 235). Additionally, laws passed in 2001 and 2014 enhanced protections for whistleblowers.

In 2019, Greece consolidated its anti-corruption efforts under a new independent public authority, the National Transparency Authority (EAD), responsible for formulating and monitoring the National Anti-Corruption Plan, such as the plan for 2022–2025 (National Transparency Authority, 2023).

New legislation in 2021 aligned with the European Directive of 2018 on anti-money laundering. In 2023, a law empowered public entities to identify and manage integrity risks and anticipated the operation of a central repository of corruption risks within the public administration. Another 2023 law established a common framework for recovering and managing frozen and confiscated assets derived from criminal activities.

Further, in 2022, Greece introduced a new code of conduct for public employees and codified past legislation on political party financing. In 2023, new laws streamlined asset declaration requirements for public officeholders and improved regulations on public procurement.

Despite these robust frameworks, implementation gaps persist, particularly delays in investigating and prosecuting public officeholders. These challenges stem from a complex regulatory environment, inadequate administrative personnel in courts, and sluggish procedures exacerbated by backlogs of other civil and criminal cases.

Nevertheless, barring the inefficiencies of the justice system, most integrity mechanisms are effective, providing significant disincentives for public officeholders to abuse their positions.

Citations:
Council of Europe. 2022. “Fourth Evaluation Round – Corruption Prevention in Respect to Members of parliament, Judges, and Prosecutors.” https://aead.gr/images/manuals/esskd/2022-2025/NACAP__S1_2023_Final.pdf

Ministry of Interior. 2022. “Code of Moral and Professional Conduct of Public Sector Employees.” https://www.ypes.gr/wp-content/uploads/2022/07/Code_final-1.pdf

National Transparency Authority. 2023. “NACAP 202-2025, Implementation Report, 1st semester of 2023.” https://aead.gr/images/manuals/esskd/2022-2025/NACAP__S1_2023_Final.pdf

Public procurement: Laws 4412/2016 and 5079/2023
Criminal liability of government ministers: Law 3126/2003
Anti-money laundering: Law 4816. 2021. Source. Volume, section. Page OR URL
Protection of whistleblowers: Laws 4254/2014 and 4990/2022
Establishment of the EAD authority. 2019. Law 4622/2019.
Political party financing: Presidential Decree 15/2022
Asset declaration. 2023. Laws 5026/2023 and 5072/2023.
Management of integrity risks of public entities – repository of corruption risks in public administration: Law 5013/2023.
Management of frozen, including seized and confiscated assets derived from
criminal activities: Law 5042/2023

Legislature

#11

Do members of the legislature possess sufficient personnel and structural resources to effectively monitor government activities?

10
 9

As a group, legislative members have access to a range of resources that are suited for effectively monitoring all government activity.
 8
 7
 6


As a group, legislative members have access to a range of resources that are suited for effectively monitoring a government’s key activities.
 5
 4
 3


As a group, legislative members have access to a range of resources that are suited for selectively monitoring some government activities.
 2
 1

The resources provided to legislative members are not suited for any effective monitoring of the government.
Sufficient Legislative Resources
8
Members of the Greek parliament have access to a variety of resources to support their legislative duties.

One of their key resources is the parliament’s library, established in 1846, making it one of the oldest and largest libraries in Greece. Located in three buildings in central Athens, the library is equipped with modern systems and is also accessible to researchers. Each member of parliament is entitled to employ two researchers and three additional assistants, with the cost covered by the state budget. In the past, some MPs were criticized for employing family members as assistants rather than qualified researchers.

Political parties represented in parliament have their own research support groups, and the largest parties also maintain affiliated research institutions. For instance, the Democracy Institute “K. Karamanlis” is affiliated with the New Democracy party, while the “N. Poulantzas” Institute is linked to the Syriza party.

Although the Greek legislature does not have a dedicated research unit like the US Congress or the UK House of Commons, it relies on several specialized research units covering different fields:

Hellenic Parliament Budget Office: This unit, composed of economics professors and experts, provides respected reports on Greece’s economic and fiscal performance.

Scientific Service of the Parliament: A committee of public law professors and legal experts offers legal advice to MPs, particularly regarding submitted bills.

Foundation of the Parliament: This research unit focuses on historical studies and is staffed by history professors and other experts.

Citations:
https://library.parliament.gr/%CE%A0%CE%BB%CE%B7%CF%81%CE%BF%CF%86%CE%BF%CF%81%CE%AF%CE%B5%CF%82/%CE%97-%CE%92%CE%B9%CE%B2%CE%BB%CE%B9%CE%BF%CE%B8%CE%AE%CE%BA%CE%B7

Hellenic Parliament Budget Office: https://www.pbo.gr/

Foundation of the Parliament: https://foundation.parliament.gr/

Scientific Service of the Parliament, https://www.hellenicparliament.gr/Dioikitiki-Organosi/Ypiresies/Epistimoniki-Ypiresia

https://idkaramanlis.gr/en/

“N. Poulantzas” Institute: https://poulantzas.gr/en/

Are legislative committees able to exercise oversight of government activities in practice?

10
 9

The legislature is able to exercise its oversight function.
 8
 7
 6


The legislature is able to exercise its oversight function most of the time.
 5
 4
 3


The legislature faces constraints in exercising its oversight function in a significant number of cases.
 2
 1

The legislature’s oversight function is frequently and severely compromised.
Effective Legislative Oversight
9
Greek parliamentary committees have the authority to obtain necessary documents from the government and summon ministers to committee meetings to hold them accountable. These powers are guaranteed by the standing orders of parliament and are regularly exercised.

When documents are requested, the relevant ministry must provide them within one month, except for sensitive information related to diplomacy, military matters, or national security. Even in these cases, committees can request to inspect such documents. Ministers typically comply with these requests, as MPs are often demanding and can leverage the pressure from opposition media.

Ministers are also obliged to appear before committees if summoned by two-fifths of the committee members. While the Minister of Defense and the Minister of Foreign Affairs may limit the information they provide depending on the issue, they must still present information and engage in debates with the opposition. These exchanges can range from rational argumentation to more performative displays, especially when covered by the media.

Citations:
The supply of government documents to the parliament is regulated by article 133 of the Standing Orders of the Parliament.

Legislative oversight that requires the presence and responses of government ministers is regulated by articles 124-132 of the Standing Orders of the Parliament.

The Standing Orders of the Parliament are available at:

https://www.hellenicparliament.gr/UserFiles/f3c70a23-7696-49db-9148-f24dce6a27c8/%CE%9A%CE%91%CE%9D%CE%9F%CE%9D%CE%99%CE%A3%CE%9C%CE%9F%CE%A3%20%CE%9A%CE%9F%CE%99%CE%9D%CE%9F%CE%92%CE%9F%CE%A5%CE%9B%CE%95%CE%A5%CE%A4%CE%99%CE%9A%CE%9F%20%CE%9A%CE%A9%CE%94%CE%99%CE%9A%CE%9F%CE%A0%CE%9F%CE%99%CE%97%CE%A3%CE%97%202021_3_F.pdf

Do legislative committees have the capacity to investigate unconstitutional or illegal activities carried out by the executive branch?

10
 9

The legislature is able to exercise its investigation function.
 8
 7
 6


The legislature is able to exercise its investigation function most of the time.
 5
 4
 3


The legislature faces constraints in exercising its investigation function in a significant number of cases.
 2
 1

The legislature’s investigation function is frequently and severely compromised
Effective Legislative Investigations
8
Historically, the ability to initiate legislative investigations depended heavily on the support of the parliamentary majority. However, a constitutional reform in 2019 changed this dynamic. The constitution now allows for the establishment of investigative committees by a two-fifths vote of all MPs (100 out of 300), enabling opposition parties to form such committees without the consent of the majority.

For example, in August 2022, the opposition initiated a parliamentary committee to investigate the wiretapping of journalists and politicians, and in November 2023, they launched another committee to investigate the causes of a major railway accident in February 2023. While the government majority did not support the first committee, it consented to the formation of the second.

These investigative committees can produce reports unfavorable to the government, although they cannot initiate criminal investigations against ministers. Such criminal investigations require a different type of committee, which must be established by an absolute majority of MPs (151 out of 300).

Citations:
The constitution provides for the launch of investigative committees, even without the consent of the parliamentary majority (article 68 paragraph 2).

The constitution does not allow the launch of a committee to investigate criminal liability of a minister, without the consent of the absolute majority of all MPs (article 86 paragraph 3).

To what extent are the organization and operations of legislative committees effective in guiding the development of legislative proposals?

10
 9

The organization and operations of legislative committees are well-suited for effectively monitoring ministry activity.
 8
 7
 6


The organization and operations of legislative committees are, for the most part, suited for effectively monitoring ministry activity.
 5
 4
 3


The organization and operations of legislative committees are rarely suitable for monitoring ministry activity.
 2
 1

The organization and operations of legislative committees are not at all suitable for monitoring ministry activity.
Legislative Capacity for Guiding Policy
7
Although there are more ministries than parliamentary committees, this mismatch does not hinder the committees’ oversight responsibilities.

During the government term from 2019 to 2023, there were 19 ministries, which increased to 20 after the June 2023 elections with the creation of the Ministry of Family and Social Cohesion. Despite these changes, the number of standing parliamentary committees has remained at six.

Parliamentary scrutiny is conducted through joint committees when necessary. For example, the Standing Committee on Cultural and Educational Affairs oversees both the Ministry of Education and the Ministry of Culture, while the Standing Committee on National Defense and Foreign Affairs scrutinizes both the Ministry of Defense and the Ministry of Foreign Affairs. Additionally, special parliamentary committees focus on narrower policy areas, such as armaments, and there are ten such “special permanent committees.” There are also “special standing committees” that address cross-cutting policy areas, such as Social Insurance and Pensions or European Affairs.

Committee debates can be lively, although absenteeism is not uncommon, especially when MPs prefer to visit their electoral districts. It is rare for an opposition member of parliament to chair a parliamentary committee, as the parliamentary majority typically controls the chair to coordinate the passage of legislation. Nonetheless, there is room for amendments to draft legislation within committees. Both opposition MPs and government-supporting MPs can propose amendments, many of which are accepted by the government and the parliamentary majority. However, if too many amendments are made, the quality of the final legislation may suffer.

Citations:
Greek Parliament. Year. “Categories of Parliamentary Committees.” https://www.hellenicparliament.gr/Koinovouleftikes-Epitropes/Katigories

Prime Minister’s Office. “The Government’s Composition.” https://www.government.gov.gr/kivernisi/
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