https://www.oikipa.eu Mon, 06 Apr 2026 17:54:21 +0000 el hourly 1 https://wordpress.org/?v=4.9.26 https://www.oikipa.eu/greek-mechanisms-of-control-for-the-environmental-protection/ https://www.oikipa.eu/greek-mechanisms-of-control-for-the-environmental-protection/#respond Tue, 18 Nov 2008 14:48:50 +0000 http://77.235.46.75/~oikipa/cms/2008/11/18/greek-mechanisms-of-control-for-the-environmental-protection/
Chryssa Hatzi,
Deputy Ombudsman

Synopsis

The problem of environmental legislation not being implemented in practice in Greece, besides a certain political preconception of economic development, lies also upon the lack of coordination between various administrative levels vested with the competence of applying environmental legislation. It is also due to the shortcomings to be found in thoroughly reviewing these competences, such as the Regional organs’ reluctance to review the decisions made by local authorities and the reluctance to impose prompt and adequate sanctions for violations of environment, since the ordinary power of sanctions in the field lies mainly upon the discretion of elected Prefects.
]]> Thus, external mechanisms of review attain a crucial role in protecting the environment. In the Greek constitutional system of checks and balances to the executive power, the major guarantee of environmental protection is the judicial review of administrative decisions by the Supreme Administrative Court (Conseil d’ Etat). The Conseil d’ Etat issued important rulings, considering environmental protection as a separate constitutional principle that could be violated by administrative decisions having a disproportionate negative effect on environmental sustainable development. The Court, by quashing a large amount of administrative decisions and by pronouncing the unconstitutionality of legislation that failed that test, has been often criticized for its activism. It has nevertheless been the most effective counter power to the arbitrary interventions of the executive to the environment.
The other independent mechanism of control in our constitution, with a role to act complementary to the courts in consolidating the rule of law, is the Ombudsman. The Greek Ombudsman is a constitutional authority, accountable to  the Parliament, engaging, usually upon individual complaints, in independent investigation of all administrative decisions, omissions and practices. The Greek Ombudsman receives approximately 2000 complaints per year on environment and quality of life matters and despite the non-binding character of its recommendations, it often achieves to motivate and coordinate the public administration bodies to take adequate action in view to protect the environment  i.e. the Ombudsman’s investigation of illegally building and contracting out the use of a cafeteria by the lake Kerkini, concluded in a penal investigation as to the actions of the public authorities involved and also in a successful mediation to the Treasury in order to sponsor the restoration of the physical environment.
There are also inspectorate bodies within the Greek administration that play a role in environmental protection, such as the Public Administration Inspectors, attached to the Home Office, the Inspector General, playing an active role in investigating controlling bodies’ omissions and disciplinary liability and, last but by no means least, the Environment Inspectors, attached to the Minister of Environment and Public Works. The Environment Inspectors run investigations not on the Administration but on violations of the environment itself, and their findings are submitted to the Minister, the regional or prefectural authorities. Its findings consist in crucial evidence for all other mechanisms of control. It is advisable therefore that the Environment Inspectorate could be given by law greater margins of operation and a decisive power of sanction.
As a general comment, all mechanisms of control could explore their potential for better cooperation. The diversity of controlling mechanisms is a guarantee of transparency and more complete consideration of environmental protection and the civil society can be a sine qua non ally to this goal.

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