Politics of Greece - Judicial Branch

Judicial Branch

In Greece the judicial branch is divided into civil and administrative courts. Civil courts judge civil and penal cases, whereas administrative courts judge administrative cases, namely disputes between the citizens and the State.

The judicial system of Greece comprises three Supreme Courts: the Court of Cassation (Άρειος Πάγος), the Council of State (Συμβούλιο της Επικρατείας) and the Chamber of Accounts (Ελεγκτικό Συνέδριο). These high courts are composed of professional judges, graduates of the National School of Judges. The way the judges are gradually promoted, until they become members of the Supreme Courts, is defined by the Constitution and the existing laws. The presidents and the vice-presidents of the three Supreme Courts are chosen by the Cabinet of Greece among the serving members of each of the Supreme Courts.

The Court of Cassation is the supreme civil and penal court, whereas the Council of State is the supreme administrative court. The Chamber of Accounts has an exclusive jurisdiction over certain administrative areas (for example it judges disputes arising from the legislation regulating the pensions of civil servants) and its decisions are irrevocable. This means that they are not judged at second instance by the Council of State.

Sometimes, the Supreme Courts take contradictory decisions or they judge differently the constitutionality of a legal provision. These disputes are resolved by the Supreme Special Court, whose composition and jurisdiction is regulated by the Constitution (article 100). As its name reveals, this court is not permanent and it sits when a special case belonging to its jurisdiction arises. When the Supreme Special Court sits, it comprises eleven members: the Presidents of the three Supreme Courts, four members of the Court of Cassation and four members of the Council of State. When it judges the constitutionality of a law or resolves the disputes between Supreme Courts, its composition comprises two more members: two professors of the Law Schools of Greece. The Supreme Special Court is the only court which can declare an unconstitutional legal provision as "powerless" (something like "null and void"), while the three Supreme Courts can only declare an unconstitutional legal provision as "inapplicable" to that particular case. The Supreme Special Court is also the Supreme Electoral Court, judging pleas against the legality of the legislative elections.