Peculiarità del sistema giudiziario greco nella tradizione dell'Europa meridionale: il peso del contesto costituzionale, politico ed economico sugli organi di autogoverno della magistratura.
The Greek jurisdiction is often neglected when it comes to studies on judicial administration; still, it is a very instructive one when it comes to highlighting the interplay between normative values, relations between the political and the judicial élite and related judicial governments arrangements.
This paper will retrace the lines of development of these three interconnected dimensions taking into account the legal framework, the composition, the functions and the role of the Greek judicial councils. The starting point is the incorporation in the then new democratic Constitution of 1975 of provisions relating to a body of judicial governance in which judges are represented. Going beyond a static picture, the paper aims at stressing the dynamic framework characterizing the Greek jurisdiction and how judicial governance reforms and debates underwent different phases in which the problematic relationship of the judicial élite with the components of a strong bipolar political system entered into play. Secondly, the paper aims at demonstrating how this in turn influenced the discourse on the normative groundings of possible reforms in judicial governance, and the differences and similarities in this respect with other Southern European countries. A specific focus will be in the end devoted to how the last ten years’ political crisis, including the impact on the party system, and economic crisis affected the debate on judicial governance reforms and how they interact with existing normative and institutional traditions.
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