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Encyclopedia > Supreme Special Court (Greece)
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Greece

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Politics, sometimes defined as the art and science of government. ... Image File history File links Coat_of_arms_of_Greece. ... Politics of Greece takes place in a framework of a parliamentary representative democratic republic, whereby the Prime Minister of Greece is the head of government, and of a pluriform multi-party system. ...

The Hellenic Parliament (Greek: Βουλή των Ελλήνων; transliterated Vouli ton Ellinon; literally Council of the Greeks) is the parliament of Greece, located in Syntagma Square in Athens. ... This is a list of presidents of Greece. ... Karolos Papoulias Karolos Papoulias (Greek: Κάρολος Παπούλιας) is the President of the Hellenic Republic, former minister and member of the Hellenic parliament. ... Note on Greek names: There is no firm convention for the rendering of Greek personal names into English. ... Costas Caramanlis Costas Caramanlis (in Greek Kostas or Konstantinos Karamanlis, Κωστας or Κωνσταντινος Καραμανλης) (born September 14, 1956) became Prime Minister of Greece on March 10, 2004 following his partys victory in the March 7 parliamentary elections. ... The cabinet of Greece is comprised of the heads of the major ministries. ... In Greece, the independence of the justice is safeguarded by the Constitution. ... In Greece, the Counil of State (sometimes Counsel of State or State Council, Greek: Συμβούλιο της Επικρατείας) is, at the same time, an administrative organ (one of the three Big Bodies of the greek Public Administration) and the Supreme Administrative Court. ... The peripheries (περιφέρειες) are the subnational divisions of Greece. ... Greece consists of 13 administrative regions known as Peripheries of Greece, which are further subdivided into 51 prefectures (nomoi, singular - nomos, Greek: νομοί, νομός)): See also List of the prefectures of Greece by area List of the prefectures of Greece by population density List of the prefectures of Greece by population External... Elections in Greece gives information on election and election results in Greece. ... Legislative elections were held in Greece on March 7, 2004. ... This article lists political parties in Greece. ... The European Union or EU is a supranational and intergovernmental union of 25 European states. ... Image File history File links European_flag. ... Prominent issues in Greek foreign policy include the enduring Cyprus problem, Greek-Turkish differences over the Aegean, a dispute over the name of the Former Yugoslav Republic of Macedonia, and relations with the USA. // Turkey Greece and Turkey carried out a population exchange in the 1920s in an attempt to...

In Greece, the Supreme Special Court (Greek: Ανώτατο Ειδικό Δικαστήριο) is provided for in the article 100 of the Constitution. It is not a permanent court and it sits only, when a case belonging to its special competence arises. It is regarded as the supreme "constitutional" and "electoral" court of Greece. Its decisions are irrevocable and binding for all the courts, including the Supreme Courts. However, the Supreme Special Court does not have an hierarchical relation with the three Supreme Courts (the Court of Cassation, the Conseil d' Etat and the Chamber of Accounts. It is not considered as higher than these courts and it does not belong to any branch (civil, penal, administrative) of the greek justice.

Contents


Composition

According to the article 100 of the Constitution the Supreme Special Court comprises of eleven members. Namely:

  • the presidents of the three Supreme Courts,
  • four members of the Court of Cassation, chosen by lot for a two-years term,
  • four members of the Conseil d' Etat, chosen by lot for a two-years term.

The Court is presided over by the senior president of the Court of Cassation or the Conseil d' Etat.


When the Supreme Special Court: a) resolves the conflicts between the administration and the courts or between the administrative and the civil courts or between the Chamber of Accounts and the other courts, or b) resolves a dispute about the constitutionality of a legal provision or about the real meaning of a legal provision, then the Court comprises two more members: two professors of the Law Schools of the greek universities, appointed by lot.


History

The history of the Supreme Special Court is quited short, as it was first founded by the Constitution of 1975. Its organisation and function is regulated by the article 100 of the Constitution of 1975/1986/2001 and the Law 345/1976. Germs of this Court exist in the article 73 of the Constitution of 1952 (providing for a special electoral court) and in the constitutions of the military junta (1967-1974), providing for a special court resolving the disputes between the Supreme Courts. Augusto Pinochet (sitting) was an army general who led a military coup in Chile in 1973. ...


Jurisdiction

The jurisdiction of the Supreme Special Court is strictly defined by the Constitution (article 100). Hence:

  • It judges pleas against the validity of the results of the legislative elections
  • It controls the validity of the results of the referendums.
  • It decides the deposition of a member of the Parliament, according to the constitutional provisions.
  • It resolves the conflicts between the administration and the courts or between the administrative and the civil courts or between the Chamber of Accounts and the other courts
  • It resolves a dispute about the constitutionality of a legal provision or about the real meaning of a legal provision
  • It decides whether a rule of international law belongs to the international common law.

The Hellenic Parliament (Greek: Βουλή των Ελλήνων; transliterated Vouli ton Ellinon; literally Council of the Greeks) is the parliament of Greece, located in Syntagma Square in Athens. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...

The Court as the "Supreme Electoral Court"

Since the Supreme Special Court has the power to issue an irrevocable and binding decision, with which a member of the Parliament loses his position, it becomes the "supreme electoral court". According to the article 58 of the Constitution, the court examines pleas, concerning electoral violations or lack of the legal qualifications of the candidates. It also controls whether a member of the Parliament has undertaken duties incompatible with his office. This incompatible duties are provided for in the article 57 of the Constitution. If the Supreme Special Court ascertains the incompatibility of the undertaken duties, the deputy loses "by operation of law" his office. The Hellenic Parliament (Greek: Βουλή των Ελλήνων; transliterated Vouli ton Ellinon; literally Council of the Greeks) is the parliament of Greece, located in Syntagma Square in Athens. ...


The Court as the "Supreme Constitutional Court"

In Greece every court controls the constitutionality of the laws and there is no "permanent" Supreme Constitutional Court, as in Spain, Germany etc. If any court judges a legal provision as "unconstitutional", it decides not to apply it, but it has not the power to declare the legal provision "null and void". This restriction is also binding for the Supreme Courts, which declare the unconstitutional legal provision "inapplicable". Nonetheless, if a case concerning the constitutionality of a law is introduced into the Supreme Special Court (after the issuing of contradictory decisions of the Supreme Courts), the Court has the constitutional right to declare an unconstitutional legal provision as "powerless". This means that the unconstitutional legal provision still exists (it is not formally "null and void"), but it is expelled from the greek "law and order".


The decision of the Supreme Special Court, declaring the unconstitutionality of a legal provision is final, irrevocable, binding for every greek court, including the Supreme Courts, and judges the matter once for ever. No court has the right to take a different decision for the same legal provision in the future. If a court of first instance or a court of appeals or even a Supreme Court had judged the same matter in a contradictory way before the issuing of the decision of the Supreme Special Court, it is obliged to reverse is judgement and to reissue it in accordance with the Supreme Special Court's decision.


Another "Supreme Special Court"

The Supreme Special Court of the article 100 must not be confused with the "Supreme Special Court" of the article 86 of the Constitution. This last "Supreme Special Court" is competent to judge the criminal acts of the members of the government (previous or in the service), when accused by the Parliament. It is also competent to judge the President of the Republic, if accused by the Parliament for intentional violation of the Constitution or for high treason. The Hellenic Parliament (Greek: Βουλή των Ελλήνων; transliterated Vouli ton Ellinon; literally Council of the Greeks) is the parliament of Greece, located in Syntagma Square in Athens. ... The Hellenic Parliament (Greek: Βουλή των Ελλήνων; transliterated Vouli ton Ellinon; literally Council of the Greeks) is the parliament of Greece, located in Syntagma Square in Athens. ...


This "Supreme Special Court" comprises seven members of the Court of Cassation and six members of the Conseil d' Etat, chosen by lot.


The "Supreme Special Court" is presided over by the senior member of the Court of Cassation between those chosen by lot.



 

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