Citizens & The State

The Rights of Citizens against the State - The relevant legal sources

The relations between State and Citizens in Greece are regulated by the Constitution and several Laws. As far as the Constitution of 1975 is concerned (revised three times, in 1986, 2001 and 2008), Articles 2 and 4-25 guarantee the basic fundamental rights of the Citizen against the State. These rights can be divided into three basic categories according to the classic definition of Georg Jellinek: Individual Rights (Human Dignity, Free Development of Personality, Economic and Professional Freedom, Right to Life, Equality, Freedom of Religion, Right to Privacy and Personal Data Protection, Protection against illegal Arrest and Punishment, Judicial Protection, Right to Assembly and Association, Right to Petition, Freedom of Expression, Information and the Press, Scientific and Artistic Freedom, Protection of private Property, Secrecy of Correspondence, Right to Strike), Political Rights (Right to vote and be elected at the Greek Parliament and the municipality authorities, Right to establish and participate to a Political Party, Right to undertake Public Services) and Social Rights (Right to Work, Right to Education, Protection of the Environment, Social Security, Protection of Family, Marriage, Motherhood and Youth, Protection of the disabled Persons).

The Rights of the Citizens against the State are also guaranteed by several laws, which implement the constitutional provisions. Moreover, the Protection of the Citizens’Rights is nowadays strengthened by the International Law and the Law of the European Union (e.g. Charter of Fundamental Rights), which prevail over the Greek legislation according to Article 28 of the Constitution. Especially the European Convention on Human Rights (of the Council of Europe) and the European Court of Human Rights (in Strasburg) play a significant role in the protection of Fundamental Rights in Greece (especially in fields like Right to Property, Freedom of Religion and Right to a Fair Trial).

The most attractive sectors for investments in Greece include the sectors in which Greece has competitive advantages under international standards. Taking into consideration the current financial situation and traditional strengths of the Greek economy, one could mention among others: tourism and real estate, food and agriculture, renewable energy sources, technology and ICT, environmental management, export oriented manufacturing and life sciences. In an attempt to boost the national economy and to stimulate the domestic land market, the national legislator ((Law 4251/2014, Government Gazette 1, no 80) purports to trigger the investment interest of natural and legal persons domiciled in third countries by facilitating the issuance of a residence permit.

In Particular, according to the explanatory statement in the draft law of the Immigration and Social Integration Code (Law 4251/2014, Government Gazette 1, no 80), articles 16 and 20 aim at the creation of a friendly climate for investments in Greece by third-country nationals.

Third-country nationals may fall within the provisions of the Code either by making an investment or by acquiring real-estate property.

Article 16 is considered to be of particular importance in promoting the public interest, whereby introducing innovative arrangements. It refers to investments classified, either as “Strategic” (characterized as such by a decision of the Interministerial Committee for Strategic Investments) Investments or investments with “a positive impact on national economy and development”. The residence permit in respect of the latter is granted for five (5 years) with a possibility of renewal for an equal period each time, while in respect of the former, it is granted for ten (10) years with a possibility of renewal for an equal period provided that the relevant requirements continue to be met. Residence permits can be granted not only to the investor  but also to up to 10 additional persons (dependently on the size of the investment) related to the implementation of the investment plan.

What is the Hellenic Police?

The Hellenic Police is a Law Enforcement Agency, with local jurisdiction over the entire Greek territory, except for the areas of jurisdiction of the Hellenic Coast Guard.

The Hellenic Police was formed following the unification of the two previous Law Enforcement Agencies, namely Gendarmerie (Chorofylaki) and Urban Police (Astynomia Poleon).

The Hellenic Police is a special Armed Body, operating under its own legislation. It is an agency with military structure and follows military hierarchy and discipline. Its personnel simulate to a military organization in the hierarchy of grades and duties, but – in any case – it must not be referred as military personnel.

What are the main characteristics of the Police Organization?

The Hellenic Police is governed by specific organizational and operational structures, following the bureaucratic, hierarchical and militarized model of organization and operation.

Some of the main features of the organizational structure of the Hellenic Police are: the strict hierarchical structure of its personnel, the vertical hierarchical classification of its services, the horizontal division of its branches according to the jurisdiction of each Police unit, the recruitment of its personnel based on defined standards and substantive qualifications, the specific training of the Police personnel, the institutionalized military discipline of the organization and the official system of evaluation and promotion of its members.