Fundamentals and Legal Protection in Dealings with Public Administration
Administrative law refers to the statutory provisions governing the function and organization of public administration.
Public administration includes all public services of the state as well as legal entities that exercise public authority.
The rule-of-law principle is a fundamental basis of Greek administrative law and is enshrined in the Greek Constitution. Acting in accordance with the rule of law means that public administration acts according to certain statutory rules, which are subject to judicial review.
Actions of public administration generally take the form of administrative acts, which are distinguished between regulatory (general, non-personal) administrative acts and individual (case-specific) administrative acts.
Greek law places particular emphasis on the judicial review of administrative acts and administrative conduct. As in Germany, there is therefore an independent administrative judiciary, consisting of the Administrative Court, the Administrative Court of Appeal, and the Symvoulio tis Epikratias (Council of State), which functionally corresponds to the German Federal Administrative Court. The Elegktiko Synedrio (Court of Audit) is another supreme court, which, however, deals only with financial matters of the state (including the review of state expenditures and public contracts of particularly high value).
For a large proportion of administrative disputes, there is the possibility of a preliminary procedure before the authority that issued the contested administrative act – comparable to the German objection procedure (Widerspruchsverfahren). If the authority does not grant the objection, the citizen has recourse to the administrative courts.
FAQ
Administrative law comprises all statutory provisions governing the organization and function of public administration. Public administration includes all state services as well as legal entities that exercise public authority.
The essential basis is the rule-of-law principle enshrined in the Greek Constitution. This means:
- The administration must strictly comply with statutory rules.
- All administrative action is subject to judicial review.
Actions of the administration are usually issued as administrative acts. Two categories are distinguished:
- Regulatory administrative acts: contain general, non-personal rules (similar to regulations).
- Individual administrative acts: govern a specific individual case and are addressed to a particular person (e.g. a building permit or a tax assessment).
As in Germany, there are specialized administrative courts for disputes between citizens (private individuals or companies) and the state. The hierarchy comprises:
- Administrative Court (first instance)
- Administrative Court of Appeal (appellate instance)
- Symvoulio tis Epikratias (Council of State): the highest administrative court, comparable to the German Federal Administrative Court.
- Elegktiko Synedrio (Court of Audit): a special supreme court for financial matters of the state (e.g. review of the state budget or major public contracts).
Yes. For many disputes, a preliminary procedure before the authority that issued the act is provided for.
- Purpose: the citizen can present arguments so that the office can review its decision again itself and, if appropriate, amend or revoke it.
- Route to court: only once this procedure (equivalent to the German objection procedure, Widerspruchsverfahren) fails to achieve the desired outcome does the path to a legal challenge before the ordinary administrative courts open up.
Yes. In addition to the judicial route, citizens can also turn to the Συνήγορος του Πολίτη (Greek Ombudsman), an independent constitutional body that reviews complaints about public administration free of charge and acts as a mediator. This procedure does not replace legal proceedings but can often lead to a faster resolution.
German Term | Greek Equivalent |
Objection procedure (Widerspruchsverfahren) | Preliminary procedure before the issuing authority |
Council of State | Symvoulio tis Epikratias |
Court of Audit | Elegktiko Synedrio |
Administrative act | Atomiki / Kanonistiki Dioikitiki Praxi |
Ombudsman | Synigoros tou Politi |