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Council of State (Greece)
Encyclopedia
In Greece
, the Council of State (sometimes Counsel of State or State Council) is the Supreme Administrative Court of Greece.
for a term of four years. The court comprises the presiding board (the President and 7 Vice-presidents), 42 Privy Councillors, 48 Associate Judges and 50 Reporting Judges, all graduates of the National School of Judges.
The Council is seated in the Arsakeio
n in the centre of Athens
.
The Council executes its jurisdiction in Plenary Session or in six Chambers-Judicial Formations ( Α', Β', Γ', Δ', Ε' and ΣΤ' ). Each Chamber may have two compositions: five-member or seven-member. The jurisdiction of the Plenary Session is determined by the law (Legislative Decree 170/1973, Article 14), while the competence of the Chambers is determined by the law and the presidential decrees, proposed by the Minister of Justice after an opinion of the Council. After the Constitutional Amendment of 2001 the Plenary Session (and not the Chambers) is the only competent to judge the constitutionality of laws. The Plenary Session is, also, competent: a) for cases of general interest that the President introduces directly into it, b) for cases that one of the Chambers submits to it. These cases are submitted by the Chambers to the Plenary Session for two reasons: either because they are cases of general interest either because the applicable legislative provision is judged unconstitutional.
in 1862, the National Assembly that was convened decided to re-establish the Council in order to "prepare and deliberate on law proposals". The new 1864 Constitution
however provided for a revision of this in the forthcoming parliamentary session, provided that a 3/4 majority voted against it. Thus on 25 November 1865 a law was passed that abolished the Council of State again.
Although the Constitution of 1911
provided for its re-establishment, it was not refounded until 1928 (Law 3713/1928 as it has been repeatedly revised), after the adoption of the Constitution of 1927 (articles 102-105). Its jurisdiction and composition is now provided for in the Constitution of 1975/1985/2001
(article 95), the Law 170/1973 (as revised) and the Presidential Decree 18/1989.
The administrative competence of the Council, as one of the three Big Bodies of the Public Administration (the other two are the Chamber of Accounts
and the Legal Council) is regulated by the article 95 of the Constitution of 1974/1985/2001 and consists in the elaboration of all the regulative decrees, namely of all the decrees that include impersonal (nor referring to a particular person) legal rules. Competent for this elaboration is the fifth (Ε' ) Chamber of the Council, composed, for such cases, of three or five members. The Chamber may, at its option, submit the case to the nine member Plenary Session. The submission is obligatory for the Chamber, when the constitutionality of the relevant to the decree legal provisions is judged (article 100 of the Constitution after the Amendment of 2001).
The Administration is obliged to send the regulative decrees to the Conseil for elaboration but it is not obliged to follow the consultory response of the Council. Nonetheless, the Administration usually abides by the Council's opinion.
A promulgated regulative decree, if not sent to the Council for elaboration before its promulgation, shall be annulled, if a recourse (writ of annulment) is submitted to the competent court (the Conseil d' Etat or the Administrative Court of Appeals).
The elaboration of the decrees by the Council is limited to the lato sensu legality (and the constitutionality of the relevant legal provisions) of the decrees, while the respective control of the French Conseil d'État goes to the substance of the context of the elaborated decree.
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
, the Council of State (sometimes Counsel of State or State Council) is the Supreme Administrative Court of Greece.
Organization
The Council is headed by its president, who is chosen from among the members of the Council by the Cabinet of GreeceCabinet of Greece
The cabinet of Greece , officially called the Ministerial Council , constitutes the Government of Greece. It is the collective decision-making body of the Hellenic Republic, composed of the Prime Minister and the Ministers...
for a term of four years. The court comprises the presiding board (the President and 7 Vice-presidents), 42 Privy Councillors, 48 Associate Judges and 50 Reporting Judges, all graduates of the National School of Judges.
The Council is seated in the Arsakeio
Arsakeio
Arsakeion , or Arsákeio, is the name of a group of co-educational independent schools in Greece, administered by the Philekpaideytikē Etaireía , a non-profit organization...
n in the centre of Athens
Athens
Athens , is the capital and largest city of Greece. Athens dominates the Attica region and is one of the world's oldest cities, as its recorded history spans around 3,400 years. Classical Athens was a powerful city-state...
.
The Council executes its jurisdiction in Plenary Session or in six Chambers-Judicial Formations ( Α', Β', Γ', Δ', Ε' and ΣΤ' ). Each Chamber may have two compositions: five-member or seven-member. The jurisdiction of the Plenary Session is determined by the law (Legislative Decree 170/1973, Article 14), while the competence of the Chambers is determined by the law and the presidential decrees, proposed by the Minister of Justice after an opinion of the Council. After the Constitutional Amendment of 2001 the Plenary Session (and not the Chambers) is the only competent to judge the constitutionality of laws. The Plenary Session is, also, competent: a) for cases of general interest that the President introduces directly into it, b) for cases that one of the Chambers submits to it. These cases are submitted by the Chambers to the Plenary Session for two reasons: either because they are cases of general interest either because the applicable legislative provision is judged unconstitutional.
History
The Council was first founded in 1835 and it constituted an imitation of the French Conseil d'État. It had advisory competence with respect to the draft decrees and administrative jurisdiction, issuing irrevocable decisions. However, the Council was suppressed by the Constitution of 1844 (article 102). Following the deposition of King OttoOtto of Greece
Otto, Prince of Bavaria, then Othon, King of Greece was made the first modern King of Greece in 1832 under the Convention of London, whereby Greece became a new independent kingdom under the protection of the Great Powers .The second son of the philhellene King Ludwig I of Bavaria, Otto ascended...
in 1862, the National Assembly that was convened decided to re-establish the Council in order to "prepare and deliberate on law proposals". The new 1864 Constitution
Greek Constitution of 1864
The Second National Assembly of the Hellenes took place in Athens and dealt both with the election of a new sovereign as well as with the drafting of a new Constitution, thereby implementing the transition from constitutional monarchy to a Crowned Democracy.Following the refusal of Prince Alfred...
however provided for a revision of this in the forthcoming parliamentary session, provided that a 3/4 majority voted against it. Thus on 25 November 1865 a law was passed that abolished the Council of State again.
Although the Constitution of 1911
Greek Constitution of 1911
The Greek Constitution of 1911 was a major step forward in the constitutional history of Greece. Following the rise to power of Eleftherios Venizelos after the Goudi revolt in 1909, Venizelos set about attempting to reform the state...
provided for its re-establishment, it was not refounded until 1928 (Law 3713/1928 as it has been repeatedly revised), after the adoption of the Constitution of 1927 (articles 102-105). Its jurisdiction and composition is now provided for in the Constitution of 1975/1985/2001
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...
(article 95), the Law 170/1973 (as revised) and the Presidential Decree 18/1989.
Administrative Competence
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 Legal Council) is regulated by the article 95 of the Constitution of 1974/1985/2001 and consists in the elaboration of all the regulative decrees, namely of all the decrees that include impersonal (nor referring to a particular person) legal rules. Competent for this elaboration is the fifth (Ε' ) Chamber of the Council, composed, for such cases, of three or five members. The Chamber may, at its option, submit the case to the nine member Plenary Session. The submission is obligatory for the Chamber, when the constitutionality of the relevant to the decree legal provisions is judged (article 100 of the Constitution after the Amendment of 2001).
The Administration is obliged to send the regulative decrees to the Conseil for elaboration but it is not obliged to follow the consultory response of the Council. Nonetheless, the Administration usually abides by the Council's opinion.
A promulgated regulative decree, if not sent to the Council for elaboration before its promulgation, shall be annulled, if a recourse (writ of annulment) is submitted to the competent court (the Conseil d' Etat or the Administrative Court of Appeals).
The elaboration of the decrees by the Council is limited to the lato sensu legality (and the constitutionality of the relevant legal provisions) of the decrees, while the respective control of the French Conseil d'État goes to the substance of the context of the elaborated decree.
Litigation
The Council is the head of the system of administrative justice and it constitutes the Supreme Administrative Court. A case is introduced into the Council with the following legal means or remedies:- the recourse (αίτηση ακύρωσης; the accurate translation is writ of annulment), with which the annulment of an administrative act is pursued. The Council judges only the legal aspects of the case and not the true facts. Its decision includes a judgement about legality and not a control upon the merits.
- the writ of certiorari (αίτηση αναιρέσεως) against the decisions of the lower administrative courts (Administrative Courts of First Instance and Administrative Courts of Appeals), which judge recourses (προσφυγές) and their decisions include a control upon the merits. The writ of certiorari is constitutionally consolidated (article 95 of the Constitution 1975/1986/2001) and places the Council at the top of the administrative branch of justice, because it has the last word in the legal aspects of every administrative litigation.
- the clerical recourse, with which disputes between the State and the civil servants are introduced into the Council. The decision of the Council includes a judgement both about the legality and upon the merits of the case.
- the appeal against the decisions of the Administrative Court of Appeals, which judges at first instance certain writs of annulment (according to the provisions of the Law 702/1977). In this case, the Council judges as a court of appeals and the Administrative Court of Appeals as a court of first instance.
Acts of Government
Following the jurispredence of the French Conseil d'État, the Council refuses to examine the legality of certain administrative acts, which are called "acts of government". The Council includes in this limited category:- acts regulating the relationships between the executive branch and 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....
, such as the dissolution 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....
or the act proclaiming a referendum. - acts connected with the foreign policy of GreeceGreeceGreece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
, such as international conventions, acts promulgated for the application of international treaties, acts relevant to the diplomatic protectionDiplomatic protectionIn international law, diplomatic protection is a means for a State to take diplomatic and other action against another State on behalf of its national whose rights and interests have been injured by the other State...
of Greek citizens abroad etc. - the declaration of mobilisation.
- the granting of pardons.