Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • 4 - Proportionality in Greek Public Law:

  • from Part I - Questioning the Success of Proportionality
  • Afroditi Marketou, Université du Luxembourg
  • Book:
    Local Meanings of Proportionality
    Published online:
    08 July 2021
    Print publication:
    22 July 2021, pp 105-131

  • Summary

    This chapter traces the spread and evolution of proportionality in Greek public law. Contrary to English and French public law, proportionality met no major resistance in Greece. It emerged in this context during the 1970s and has been applied as a constitutional principle by courts for more than forty years. Greece is one of the rare legal systems where, since 2001, proportionality explicitly enjoys constitutional status. However, a survey of judicial practice nuances this image of success. Soon after the recognition of the constitutional status of proportionality, its application was limited to a manifest error test. Until the late 1990s, proportionality’s application in judicial review was particularly formal. Its function was more important in substantive case law, where it had a content close to equity. Since its constitutional entrenchment, proportionality is a hegemonic method of reasoning in Greek law. However, consensus as to its content has not led to its consistent application in case law.