Supervisors info:
Χαράλαμπος Χρυσανθάκης,Καθηγητής,Τμήμα Πολιτικής Επιστήμης και Δημόσιας Διοίκησης,ΕΚΠΑ.
Summary:
The crisis of public debt that struck as hurricane the Greek society and the political life of country, was presented by legal opinion as an exceptional and particularly dramatic situation that threatened the public-national interest. The possibility of economic collapse of state and the danger of exclusion from the Eurozone were faced as existential questions for the democracy, since their coming would cause, by any chance, so many powerful vibrations in the society and in the state, that the future of the country would be uncertain. The gravity of situation allowed the political power, the governing of country with decisions that many times were taken in the limits of constitutional processes, more equitably that were even shaped outside her borders. The Council of State, as the Supreme Administrative Court of country, tried, as was required, to safeguard the observation of constitutional rules from the legislator, simultaneously however not to place at risk the future of country. Initially this study is focused on the financial crisis that occurred in the country and the right of need that invoked by the legislator and the Court in order to judge according to the Constitution, measures that aimed at avoiding the bankruptcy. It is reported in the role of judge, who gave a new interpretation of financial interest, which limited social rights, but always having as guide the principle of proportionality. Afterwards the laws of memoranda are presented and important decisions of Council of State are analyzed that judged their compatibility with the Constitution. Through this analysis the tolerance that the Court is shown in the choices of legislator the first years, in order for the country to overcome the dangers and the limits that the Court placed to him afterwards, when the conditions were smoother, so that the individual and social rights are not offended still more. Finally some conclusions are mentioned from the provided case law.
