Interpretation of Statutes at Greece
Interpretation of Statutes in Greece
1. Legal System Background
Greece operates under a civil law system, largely influenced by German and French legal traditions.
The Greek Constitution (1975, as amended) is the supreme legal authority.
The legal framework includes codified statutes, most notably the Greek Civil Code, Penal Code, and various special laws.
Courts are primarily tasked with applying and interpreting statutory law, as case law is not binding (though higher court decisions are highly persuasive).
2. Authorities for Interpretation
Ordinary Courts (civil, criminal, and administrative) interpret and apply statutory laws.
The Council of State (Supreme Administrative Court) and the Court of Cassation (Areios Pagos) guide consistent interpretation.
Constitutional interpretation lies with the Council of State and regular courts; Greece does not have a constitutional court per se.
3. Principles of Statutory Interpretation
Greece applies traditional civil law interpretive methods, which include:
a. Literal (Grammatical) Interpretation
Focuses on the plain and ordinary meaning of words in the statute.
b. Systematic Interpretation
A statute is interpreted in the context of the entire legal system, ensuring coherence with related laws and legal principles.
c. Teleological (Purposive) Interpretation
Courts examine the intent of the legislature and the objective the law aims to achieve.
d. Historical Interpretation
Legislative history (e.g., explanatory reports and committee discussions) may be considered to understand the background of a law.
e. Analogical Interpretation
Used when no clear legal provision applies; courts may apply the law by analogy to similar legal situations.
4. Constitutional and International Influence
All statutory interpretation must align with the Constitution.
Greece is a member of the European Union and a signatory to the European Convention on Human Rights (ECHR):
Statutes must be interpreted in compliance with EU law and ECtHR case law.
National judges often apply the principle of EU law supremacy when interpreting statutes.
5. Judicial Interpretation in Practice
Although case law is not formally binding (due to the civil law tradition), decisions from:
The Court of Cassation,
The Council of State, and
The Court of Audit (for financial/administrative law)
6. Challenges
Occasionally vague or broadly worded statutes demand judicial discretion.
Harmonizing national laws with EU obligations and constitutional principles.
Limited use of precedent may lead to inconsistencies in lower court rulings.
Summary Table
| Aspect | Details |
|---|---|
| Legal System | Civil law (German–French influence) |
| Interpretation Methods | Literal, systematic, purposive, historical, analogical |
| Key Courts | Court of Cassation, Council of State, Court of Audit |
| Constitutional Role | Constitution prevails; statutes must conform |
| International Influence | EU law and ECHR guide statutory interpretation |
| Case Law Role | Not binding, but higher court rulings are highly persuasive |
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