THE GENERAL LEGISLATIVE FRAMEWORK GOVERNING THE ADMINISTRATIVE – CONSTRUCTION – ENVIRONMENTAL LAW IN GREECE 

An administrative dispute is any disruption in the legal relations between the citizens and the state (or legal entities of public law) caused as a result of any action or omission on part of the state as a public authority.

Any disputes between private citizens and the state are referred to the administrative courts.

Normally, the procedure before the administrative courts is extremely long and time-consuming.

The basic law governing environmental protection in Greece is L. 1650/86, which enforces the relevant EU Directives.

The Council of the State (Supreme Administrative Court) is particularly strict on environmental matters.

Basic principles that should be applied by the Administration Authorities in performing their duties.

  • The Principle of Legality;
  • The Protection of the Public Interest;
  • The principle of subsidiarity of the State;
  • The principle of efficiency of the Administrative Actions;
  • The principle of continuity of the Administration Bodies;
  • The right of previous hearing of the Citizens prior to taking an unfavorable decision;
  • The principle of good faith and protection of justified trust;
  • The principle of proportionality;
  • The principle of prudent management and leniency;
  • The principle of equality;
  • The principle of necessity.

The administrative disputes are distinguished into substantive disputes and annulment proceedings.

In the annulment proceedings, the courts examine only the legitimacy of an administrative acts and may only cancel them. In substantive disputes the court carries out a check of appropriateness of the contested administrative act and has the power to amend it.