Constitutional Revision in Greece Faces Hurdles

The proposed constitutional revision in Greece faces legal and political challenges, according to legal expert Τζούλια Ηλιοπούλου-Στράγγα.

One legal issue concerns what happens if a government is not formed after the next elections. Would the revision proposal still be valid? This depends on the interpretation of Article 110 of the Constitution.

The grammatical interpretation suggests the proposal would be voided if the next Parliament is dissolved due to failure to form a government. A teleological interpretation, however, argues that the 'next Parliament' means a Parliament that can objectively act as a Revising Parliament.

Politically, the success of the revision depends on cooperation between the government (ND) and the opposition (PASOK), particularly on issues such as the criminal liability of ministers (Article 86). If the opposition does not contribute to approving the proposal with 180 votes in the current Parliament, 180 votes will be required in the next Revising Parliament, which is uncertain.

Decision 11/2003 of the Supreme Special Court (ΑΕΔ) sets conditions for the Revising Parliament to be bound by the directions of the proposing Parliament, including specifying the purpose of the revision.

Τζούλια Ηλιοπούλου-Στράγγα concludes that the upcoming revision proposal risks failing for political reasons, emphasizing the importance of achieving 180 votes in the Revising Parliament to avoid voiding the process.

Τζούλια Ηλιοπούλου-Στράγγα
Emeritus Professor of Law School of ΕΚΠΑ