Sources of law
- Legislation
- Customary law
- Generally accepted rules of international law
- European Union law
- International conventions
- Case-law
Types of legal instruments – description
The Constitution (Sýntagma) (fundamental law on which all legislation is based)
Formal law (typikós nómos) (statute adopted by the Parliament and the President of the Republic)
Legislative instruments (práxeis nomothetikoú periechoménou) (statutes adopted by the President of the Republic, on a proposal from the Council of Ministers, for the legislative settlement of exceptional cases of urgent and unpredictable need)
Regulatory presidential decree (kanonistikó proedrikó diátagma) (sets out rules of law and is issued by the President of the Republic following special or general legislative authorisation)
Regulatory administrative acts (kanonistikés práxeis tis dioíkisis) (issued by administrative bodies; impersonal legal rules with the force of formal law)
EU founding treaties (on the basis of the Treaties, the EU institutions can adopt legislative acts which are then implemented by the Member States)
Regulations (binding legislative acts, with immediate and mandatory implementation in all EU countries).
Directives (legislative acts which set an objective to be achieved by all EU countries. However, each country is required to adopt its own laws in order to achieve these objectives and transpose the Directive into national law).
International conventions (agreements between two or more parties subject to a different legal system on a specific subject of cooperation)
Status of customs and case law
Customary law is produced by a constantly recurring practice out of a sense of legal obligation (opinio juris) in matters relating to areas within the scope of the substantive Constitution. Customary law is an unwritten source of law
Case-law is the body of decisions made by a court, interpreting and applying laws by legal decision. Case-law can be regarded as an indirect source of law.
Measures taken by local authorities
The administration of local affairs is the responsibility of the first and second level of local government. There is a presumption of competence in favour of the local and regional authorities for the administration of local affairs. The local and regional authorities have administrative and financial autonomy. The State takes the legislative, regulatory and budgetary measures necessary to ensure the financial autonomy and resources required for the local and regional authorities to pursue their mission and exercise their responsibilities, while safeguarding transparency in the management of those resources. A law establishes the payment and allocation to the local and regional authorities of taxes and levies set in favour of them and collected by the State.
International sources of law and European Union law
EU founding treaties (on the basis of the Treaties, the EU institutions can adopt legislative acts which are then implemented by the Member States)
Regulations (binding legislative acts, with immediate and mandatory implementation in all EU countries).
Directives (legislative acts which set an objective to be achieved by all EU countries. However, each country is required to adopt its own laws in order to achieve these objectives and transpose the Directive into national law).
International conventions (agreements between two or more parties subject to a different legal system on a specific subject of cooperation).
Most important acts/legislation
Civil law
Civil Code (Astikós Kódikas)
Code of Civil Procedure (Kódikas Politikís Dikonomías)
Commercial law
Law 4738/2020 «Debt settlement and second chance provision for bankruptcy, insolvency, etc.», which repealed the Bankruptcy Code
Law 2121/1993: Copyright, related rights, etc.
Laws regulating the form and operation of companies
Administrative law
Constitution
Code of Administrative Procedure (Kódikas Dioikitikís Diadikasías)
Code of Administrative Court Procedure (Kódikas Dioikitikís Dikonomías)
Criminal law
Criminal Code (Poinikós Kódikas)
Code of Criminal Procedure (Kódikas Poinikís Dikonomías)
Hierarchy of legal instruments
The hierarchy of legal instruments is as follows: the Constitution, European Union law, international agreements, laws and decrees, regulations issued by the Government and regulations issued by ministers. Besides the generally applicable legal acts, individual legal acts are also issued on the basis of specific laws, and are below laws and regulations in the normative hierarchy. The legal instruments at each level must be in line with those at a higher level.
Legislative process
Legislative initiative
The draft law drawn up by the special legislative drafting committee is sent to the Central Legislative Drafting Committee of the Secretariat-General of the Government for examination from a systematic legal drafting perspective in particular, while paying attention to other points (constitutional legality, compatibility with international law).
Adoption of the law
The draft law is submitted to the Parliament, together with an explanatory memorandum setting out the reasoning and objectives of the proposed provisions. Where the relevant provisions give rise to expenditure under the State budget, a special report on expenditure must be prepared and a related report on expenditure must be drawn up by the State General Accounting Office (Genikó Logistírio tou Krátous). Draft legislation must also be accompanied by an impact assessment report and a report on the public consultation that preceded submission of the draft legislation, except in exceptional circumstances.
The President of the Parliament refers the draft law for debate in either the Plenary Session, the recess divisions of the Parliament, or the standing parliamentary committees. Decrees provided for the enforcement of laws are issued by the President of the Republic following a proposal from the competent ministers. On the basis of special legal provisions, administrative bodies are authorised to issue regulatory acts on more specific matters or matters of local interest or of a technical/detailed nature.
After all the competent ministers have signed a law, the President of the Republic issues and publishes the law within 1 month of its adoption by the Parliament.
The initiative to amend the law lies with the competent minister. A law is valid as long as it is not repealed by a new law.
Promulgation, publication and entry into force
The law specifies when it will enter into force. Otherwise, in accordance with Article 103 of the Introductory Law to the Civil Code, the law will come into force 10 days after its publication in the Government Gazette.
In principle, the validity of a law ratifying a convention starts as of its publication in the Government Gazette, and the convention takes legal effect from the date specified in the convention.
All the laws adopted since 22 October 1993 can be found on the website of the Hellenic Parliament. Furthermore, on the website of the National Printing Office, you can use the «Search» function to find the annual lists of laws and presidential decrees adopted since 1890, their subject matter and the details of the Government Gazette in which they were published.
Means of resolution of conflicts between different legal sources
Under Article 28 of the Constitution, from the time of ratification by law, international conventions form an integral part of domestic Greek law and take precedence over any other legal provision, provided that they constitute a subsequent law, with the exception of the provisions of the Constitution.
European Union regulations are binding and are universally and directly applicable in all Member States.
Directives are transposed by means of laws, presidential decrees or ministerial decisions..
Legal databases (with appropriate links)
Can it be accessed free of charge?
The National Printing Office keeps and maintains a complete legal database.
Access is free of charge (Article 7 of Law 3861/2010, Government Gazette, Series I, No 112 of 13 July 2010).
Intracom and Hol keep and maintain a complete legal database, «ΝΟΜΟS».
Access is subject to a fee.
Website of the State Legal Council (Nomikó Symvoúlio tou Krátous)
Access is free of charge.
In which languages is it available?
The contents are available only in Greek.
What are the available search criteria?
National Printing Office:
- Series
- Year of publication
- Issue number
NOMOS legal database.
- Greek legislation based on NUMBER & YEAR (or all legislation for the year)
- Greek legislation based on series & issue number of the Government Gazette
- LIST OF CODES, Constitution & other institutional legislation
- Search using WORDS in the SEARCH ENGINE
State Legal Council:
- Appeal or Opinion number
- Provision concerned
- Applicant
- Date or year
- Key words