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Controlling the Legislator’s Intent in the “Crisis Jurisprudence” of the Greek Council of State

2015 / No. 2
Digital Edition

Controlling the Legislator's Intent
in the "Crisis Jurisprudence" of the Greek Council of State

Theodora Ziamou
D.Phil. (Oxon.), Judge at the Council of State, Athens, Greece

The economic crisis in Greece has called for the adoption of some tough measures and policy decisions, but constitutional and administrative law serves as a safety valve for affected citizens. Although the legislator enjoys a great margin of appreciation in deciding the best way to serve the public interest, constitutional principles like proportionality, equality in the sharing of public burdens and human dignity will be tested by the judge of judicial review as to their relevance with the goals served by the legislative measures challenged before the Council of State. Important policy decisions will not stand either, if they are not supported by serious scientific studies and cost and benefit analysis.

[This article is based on a speech on the same topic presented by the author during a conference of the Constitutional Justice Committee of the Venice Commission that took place in Batumi, Georgia, in June 2014.]