Supreme Special Court (Greece)
Encyclopedia
In Greece
, the Supreme Special Court is provided for in the article 100 of the Constitution of Greece
. 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 Council of State
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 system.
The Court is presided over by the seniormost president of either the Court of Cassation
or the Council of State
.
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 extra members: two (full) professors of Law, appointed by lot.
(1967-1974), providing for a special court resolving the disputes between the Supreme Courts.
loses her or 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 legal qualifications of candidates. It also controls whether a member of the Parliament has undertaken duties incompatible with her or his office. These incompatible duties are enumerated in article 57 of the Constitution. If the Supreme Special Court ascertains the incompatibility of the undertaken duties, the deputy loses her or his office "by operation of law".
, 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 Courts decision.
. It is also competent to judge the President of the Republic, if impeached by Parliament
for intentional violation of the Constitution or for high treason. In such cases, Parliament acts as the prosecuting attorney and the defendant(s) may be represented by lawyers of their choice, as in any court.
This "Special Court" comprises seven judges of the Court of Cassation
and six judges of the Council of State
, chosen by lot. It is presided over by the seniormost judge for the Court of Cassation
.
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
, the Supreme Special Court is provided for in the article 100 of the Constitution of Greece
Constitution of Greece
The Constitution of Greece , was created by the Fifth Revisional Parliament of the Hellenes and entered into force in 1975. It has been revised three times since, most significantly in 1986, and also in 2001 and in 2008. The Constitutional history of Greece goes back to the Greek War of...
. 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
Court of Cassation (Greece)
The Court of Cassation is the Supreme Court of Greece for civil and criminal law. The Court of Cassation's decisions are irrevocable. If the Court of Cassation concludes that a lower court violated the law or the principles of the procedure, then it can order the rehearing of the case by the lower...
, the Council of State
Council of State (Greece)
In Greece, the Council of State is the Supreme Administrative Court of Greece.-Organization:...
and the Chamber of Accounts
Chamber of Accounts (Greece)
In Greece, the Chamber of Accounts is both an administrative organ and a Supreme Administrative Court with a special jurisdiction...
. It is not considered as higher than these courts and it does not belong to any branch (civil, penal, administrative) of the Greek justice system.
Composition
According to the article 100 of the Constitution the Supreme Special Court comprises eleven members. Namely:- the presidents of the three Supreme Courts,
- four members of the Court of CassationCourt of Cassation (Greece)The Court of Cassation is the Supreme Court of Greece for civil and criminal law. The Court of Cassation's decisions are irrevocable. If the Court of Cassation concludes that a lower court violated the law or the principles of the procedure, then it can order the rehearing of the case by the lower...
, chosen by lot for a two-years term, - four members of the Council of StateCouncil of State (Greece)In Greece, the Council of State is the Supreme Administrative Court of Greece.-Organization:...
, chosen by lot for a two-years term.
The Court is presided over by the seniormost president of either the Court of Cassation
Court of Cassation (Greece)
The Court of Cassation is the Supreme Court of Greece for civil and criminal law. The Court of Cassation's decisions are irrevocable. If the Court of Cassation concludes that a lower court violated the law or the principles of the procedure, then it can order the rehearing of the case by the lower...
or the Council of State
Council of State (Greece)
In Greece, the Council of State is the Supreme Administrative Court of Greece.-Organization:...
.
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
Chamber of Accounts (Greece)
In Greece, the Chamber of Accounts is both an administrative organ and a Supreme Administrative Court with a special jurisdiction...
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 extra members: two (full) professors of Law, appointed by lot.
History
The history of the Supreme Special Court is quite 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 juntaMilitary junta
A junta or military junta is a government led by a committee of military leaders. The term derives from the Spanish language junta meaning committee, specifically a board of directors...
(1967-1974), providing for a special court resolving the disputes between the Supreme Courts.
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 ParliamentHellenic ParliamentThe Hellenic Parliament , also the Parliament of the Hellenes, is the Parliament of Greece, located in the Parliament House , overlooking Syntagma Square in Athens, Greece....
, 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 AccountsChamber of Accounts (Greece)In Greece, the Chamber of Accounts is both an administrative organ and a Supreme Administrative Court with a special jurisdiction...
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 customary international lawCustomary international lawCustomary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
.
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 ParliamentHellenic Parliament
The Hellenic Parliament , also the Parliament of the Hellenes, is the Parliament of Greece, located in the Parliament House , overlooking Syntagma Square in Athens, Greece....
loses her or 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 legal qualifications of candidates. It also controls whether a member of the Parliament has undertaken duties incompatible with her or his office. These incompatible duties are enumerated in article 57 of the Constitution. If the Supreme Special Court ascertains the incompatibility of the undertaken duties, the deputy loses her or his office "by operation of law".
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 SpainSpain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
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 Courts decision.
Another "Special Court"
The Supreme Special Court of article 100 must not be confused with the "Special Court" of article 86 of the Constitution. This last "Special Court" is an ad hoc court, competent to judge alleged criminal acts of members of government (previous or in service), committed in their official capacity only (i.e. not common criminal or civil offenses committed in their personal capacity) and only when impeached by ParliamentHellenic Parliament
The Hellenic Parliament , also the Parliament of the Hellenes, is the Parliament of Greece, located in the Parliament House , overlooking Syntagma Square in Athens, Greece....
. It is also competent to judge the President of the Republic, if impeached by Parliament
Hellenic Parliament
The Hellenic Parliament , also the Parliament of the Hellenes, is the Parliament of Greece, located in the Parliament House , overlooking Syntagma Square in Athens, Greece....
for intentional violation of the Constitution or for high treason. In such cases, Parliament acts as the prosecuting attorney and the defendant(s) may be represented by lawyers of their choice, as in any court.
This "Special Court" comprises seven judges of the Court of Cassation
Court of Cassation (Greece)
The Court of Cassation is the Supreme Court of Greece for civil and criminal law. The Court of Cassation's decisions are irrevocable. If the Court of Cassation concludes that a lower court violated the law or the principles of the procedure, then it can order the rehearing of the case by the lower...
and six judges of the Council of State
Council of State (Greece)
In Greece, the Council of State is the Supreme Administrative Court of Greece.-Organization:...
, chosen by lot. It is presided over by the seniormost judge for the Court of Cassation
Court of Cassation (Greece)
The Court of Cassation is the Supreme Court of Greece for civil and criminal law. The Court of Cassation's decisions are irrevocable. If the Court of Cassation concludes that a lower court violated the law or the principles of the procedure, then it can order the rehearing of the case by the lower...
.
See also
- ConstitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- JurisprudenceJurisprudenceJurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
- JudiciaryJudiciaryThe judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
- Rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
- Rule According to Higher LawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...