The Judicial system of Greece is the country's constitutionally established system of courts.
In Greece, the Constitution has firmly established the independence of the justice system.
According to the Constitution, there are three categories of courts: civil courts, penal courts and administrative courts. The supreme court of the civil and penal justice is the Court of Cassation, while the supreme court of the administrative justice is the Council of State. Hence, Greek judges belong to one of these two branches. Consequently, an administrative judge is not entitled to judge a penal or civil case, while a civil judge is entitled to judge a civil or penal case but not an administrative one.
Civil cases are judged:
Crimes are judged as follows:
The Court of Cassation examines writs of certiorari against the final decisions of the ("mixed" or not) Courts of Appeals and it can order the rehearing of a case by the lower court, if it concludes that the lower court violated the law or the principles of the procedure.
The judicial control of an administrative act goes either on its merits or not. The administrative acts of the first case are appealed against with the legal remedies of the recourse or of the suit and they belong to the jurisdiction of the Administrative Courts (of First Instance and of Appeal), while all the other administrative acts are appealed against with the legal remedy of the writ of annulment and they belong to the jurisdiction either of the Council of State or of the Administrative Court of Appeal.
The control of these acts has to do with matters of legality, namely whether they are issued in accordance with the Constitution and the laws. At second and final instance, the Council of State is always competent to judge these acts. The decisions of all the administrative courts may be appealed against with a writ of certiorari, which is judged by the Council of State.
The Chamber of Accounts is also a supreme administrative court, whose jurisdiction is limited in certain particular areas (e.g., disputes between the state and the civil servants concerning their pensions). Its decisions are irrevocable and out of the control of the Council of State.
According to the Greek judicial system every court is competent to judge the conformity, or lack thereof, of a legal provision with the Constitution. This judicial right constitutes the so-called "diffused" control of constitutionality, which is opposed to the "concentrated" control. The last one exists in most European countries, which have a Supreme Constitutional Court, such as Germany, Spain or even France, which has a Constitutional Council. Since there is no such court in Greece, all courts are deemed competent to decide upon the constitutionality of a legal provision.
- At first instance, by the District Courts or the Courts of First Instance, according to the estimated value of the matter disputed at law.
- At second instance, by the Courts of First Instance or the Courts of Appeal, according to the estimated value of the matter disputed at law.
- By the Court of Cassation, when a writ of certiorari is filed against a final decision of the Court of Appeal. The Court of Cassation's decisions are irrevocable. If the Court of Cassation concludes that a lower court violated the law or the principles of the procedure, then it can order the rehearing of the case by the lower court.
- Felonies are judged, at first instance, by the "mixed" Court of First Instance and, at second instance, by the "mixed" Court of Appeal. In these "mixed" courts four jurors participate along with three professional judges (of first instance and of appeal respectively). A constitutional provision allows the exemption of certain crimes from the jurisdiction of the "mixed" courts. These crimes are judged, at first instance by the three-member Court of Appeal and, at second instance, by the five-member Court of Appeals, without the participation of any jurors. For example, the members of the Revolutionary Organization 17 November terrorist group were judged according to this procedure, because felonies of terrorism or organised crime belong to the competence of the Court of Appeal and not to the "mixed" courts.
- Misdemeanours are judged, at first instance, by the Misdemeanours Court and, at second instance, by the Court of Appeal. A writ of certiorari against the final decision of the Court of Appeal is possible.
- Infringements are judged by the Magistrate's Court.
