Dissertation committee:
Επιβλέπων: Σπ. Βλαχόπουλος, Καθηγητής ΕΚΠΑ
Μέλη τριμελούς συμβουλευτικής επιτροπής: Π. Λαζαράτος, Καθηγητής
Α. Τσουρουφλής, Επίκ. Καθηγητής
Μέλη επταμελούν εξεταστικής επιτροπής: Π. Παπαρρηγοπούλου, Καθηγήτρια ΕΚΠΑ, Κ. Χρυσόγονος, Καθηγητής ΑΠΘ, Λ. Παπαδοπούλου, Αν. Καθηγήτρια ΑΠΘ, Α. Θεοδώρα, Καθηγήτρια ΕΚΠΑ
Summary:
ABSTRACT
The concept of decent living has made its presence felt in times of crisis. Decent living as legal term has not yet been determined in Greek legal theory. The study aims to analyze the decent living as a constitutional protected value.
In the study, the first chapter is devoted to the conceptual delineation of decent living and the definition of its content. The research at this point is focused on the lines between human dignity and decent living. Furthermore, decent living is defined by other approaches, such as those that focus on income. Decent living is not only ensured by income, but also refers to the general conditions surrounding human beings, creating the environment in which they grow.
In the same chapter, it is ensured that decent living is also defined by concepts that resemble the concept of decent living, but do not describe the same thing, and in fact, it is not clear what they describe. Thus, the minimum threshold of decent living cannot describe a simple biological conservation condition, nor lead to the equalization, even down, of the various fields of protection.
In the second chapter, we analyze separately the various sources that affect or constrain the Greek legal order, in combination with the concerns already discussed in the previous chapter.
Furthermore, the ECtHR case law on 'decent living' is analyzed. In this section, it is observed that the ECtHR addresses the problem of the protection of dignified living mainly, at the level of the admissibility of the appeal. In addition, with regard to the essential level of protection, this refers to biological maintenance and not to decent living, so this is one of the cases where the protection afforded by national authorities is greater than the protection of the ECtHR.
The third chapter looks at the constitutional basis and the legal nature of decent living. As already stated, it is argued that the principle of decent living derives from the principle of social rule of law combined with the principle of human dignity, as it ensures living conditions such as to enable human beings to develop on an equal footing with members of the social community. This principle imposes obligations and gives rise to claims where living conditions cannot be formed autonomously, as already stated.
In the fourth chapter, judgments of decent living are analyzed, structured on the basis of the legal field in which they fallIn the light of these decisions, a distinction is made between the control of the protection of dignified living in concreto and where living standards are affected by general legislation. In addition to the objective scope, the subjective scope is also analyzed.
Finally, in the fifth chapter, the problem that has been most recently raised, namely the deterioration of living conditions for reasons of public interest, is being developed.
