Chapter 4: Greece

LEGAL AND INSTITUTIONAL FRAMEWORK AND PRACTICES FOR PUBLIC PARTICIPATION

General

Constitutional Rights

Implementation of International Legal Instruments

The Convention on the Conservation of European Wildlife and Natural Habitats (Council of Europe, Bern, September 19, 1979) has been ratified by the law N.1335/1983 (O.G.No 32, A, March 14, 1983).

The Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, Finland, February 2, 1991) has been ratified by law No. 2540/1997 (O.G. No. 249, A, 1997).

The Convention on the Transboundary Effects of Industrial Accidents (Helsinki March 17, 1992) has been ratified by the law No. 2546/1997 (O.G. No. 256, A, 1997).

The Convention on the Protection and Use of the Transboundary Watercourses and International Lakes (Helsinki, March 17, 1992) has been ratified by the law No. 2425/1996 (O.G. No. 148, A, 1996).

The Convention on Civil Liability for Damage Resulting from Activities dangerous to the Environment (Lugano, June 21, 1993) has not yet been ratified by law.

The Directive 90/313/EEC of the European Community Council on the Freedom of Access to Environmental Information has been implemented by a joint ministerial decision, No. 77921/1440 September 6, 1995 (O.G. No 795, B, 1995).

The Directive 85/337/EEC of the European Community Council on the assessment of the effects of certain public and private projects on the environment has been implemented by a joint ministerial decision, No 69269/5387/24-10-1990 (O.G. No. 678, B, 1990), which has since been modified on several points.

Implementation of International Nonbinding Instruments: Sofia Guidelines

Responsibilities of Local/Regional Governments Concerning Environment

Access to Environmental Information

Legislation on Access to Information/Environmental Information

The specific Law 1599/1986 (Articles 24 and 16) provides the right to examine administrative documents and preview its application methods.

The Joint Ministerial Decision of 1995, implementing the Directive 90/313/EEC, regulates the terms under which the right to access environmental information can be exercised.

Passive Provision of Information

In Article 2.2 of the Decision (1995), the following definition is given of information related to the environment: Any element kept by public authorities, in any form (written, visual, audio, computerized), concerning the state of water, air, sun, flora and fauna, biotopes or ecotopes; any activities or measures which influence, favorably or unfavorably, the above natural factors, as well as activities or measures providing their protection. Special reference is made to the categories of public documents as defined in article 16.1 of the Law 1599/1986, which are public sector documents, in particular reports, studies, files, statistical elements circulars, directives, responses of the administration, opinions and decisions. Final reference is made to administrative measures and programs for the protection of the environment.

Conditions for Obtaining the Information

The obligation to provide environmental information applies to any administration service in the public sector, on a national, regional, prefectoral or local level, including the supervised bodies of public or private law. The administration service acts competently and possesses information on environmental issues, with the exception of administrative bodies acting in a judicial or legislative capacity.

The Law 1599/1986 and the joint Ministerial Decision of 1995 do not include any obligation for private organization not supervised by a public authority.

The public authority must respond, in writing, to any application for environmental information as soon as possible and at the latest within one month after submission of the application (Article 4.6 of the 1995 Decision). Reasons must be given for a refusal to provide information. The response period is shorter than that provided by Article 3.4 of the Directive 90/313/EEC. The one month period is the same as that under Article 16.6 of Law 1599/1986.

Article 24 of the Law 1599/86 stipulates that any citizen, even foreigners, as well as legal persons or associations, has the right to ask for information. It is not required of them to prove any legal interest in it (the same under Article 3.1 of the Directive 90/313/ EEC) although Article 3.3 of the 1995 Decision seems to require the latter, as it refers to the right to ask from the public authorities "information of legal interest."

There is no obstacle for the public to specify the form in which information and/or environmental information must be provided.

In the case of charges and costs, Article 3.3 of the 1995 Decision authorizes the reproduction of documents to be carried out, if these are in written form, in paper provided by the requester (the same regulation applies to any material in non-written form, which can be transcribed onto paper sheets). If information exists in another form, the public authority is obliged to indicate the form of the reproduction material to be used.

Refusal to Provide Information

Article 2 of the 1995 Decision lists the grounds for refusal of the access to environmental information. The list of the exceptions is a mix of the exceptions found in the Directive 90/313/EEC with the exceptions stipulated by art.16.3 of Law 1599/86.

Article 2.1 provides the following exceptions:

1. Information that could jeopardize the confidentiality and secrecy of
   • the proceedings of the council of ministers and other governmental bodies
   • national defense and foreign relations;
   • the security of the state and the public order;
   • commercial and industrial confidentiality, including intellectual property;
   • privacy and medical secrecy.

2. Information that can cause difficulties in investigations by judicial, police, military or administrative authorities, in matters which are (but not "have been") sub judice or under inquiry (including disciplinary inquiries) or undergoing preliminary investigation proceedings.

3. Information that:
   • comes from material supplied by a third party without that party being under a legal obligation to do so;
   • concerns material which if disclosed would make it more likely that the environment related to the material would be damaged.

Article 2.2 stipulates that public authorities cannot refuse to provide information on the basis grounds of protecting privacy, medical, industrial or commercial confidentiality, if this information is related exclusively to the person who is requesting it.

Article 3.3 requires, in accordance with Article 3.2 of the Directive, that information be supplied in part, where it is possible to separate it from information which falls under one of the exceptions.

Article 3.4 repeats the text of Article 3.3 of the Directive, concerning unfinished documents or data.

Article 3.5 provides that a competent public authority cannot legally refuse to supply copies of documents or material on the grounds that it is not the service that drafted the document or that it is not the service that is primarily responsible for the material requested.

Informal Guidelines for Agencies and the Public

There are no general guidelines for the public on how to request information and/or environmental information.

Specific Institutions/Officials to Provide Information

No specialized public authority exists for providing requested information and/or environmental information to the public.

Public Participation

Public Control of Decisionmaking (Direct Democracy)

There is no such right. Referenda can be organized only by decision of the president of the republic, after a parliamentary decision by a reinforced majority of the deputies. Referenda can only be organized on "critical national items" and on voted projects of laws that "regulate a serious social item" (Article 44 of the constitution). There has not been a referendum organized in Greece for 23 years.

Right to Initiative

There is no possibility for the public to take the initiative in lawmaking. Only parliamentary groups and parties can do this.

Account of Public Comments

This constitutional disposition has been activized by a special Law for the Public Administration (Law No. 1943/1991, O.G. No. 50, A, 1991, Article 5).

We must also mention that proceedings like the "public hearings" are not constitutionally recognized as an obligation for parliament and the public administration.

Adequate Notification of the Public

In practice, public awareness cannot be stimulated by these proceedings and only individuals directly involved in a case have the real possibility to participate to the procedure from the moment that official notification is not previewed.

Possibility to Influence Decisionmaking

Laws, presidential decrees and ministerial decisions on environment can be prepared and published without any obligation of the authorities to consult the public.

Openness of Parliamentary Committees

Individuals/NGOs are allowed to participate in sessions of parliamentary committees if they are invited to, whether they request it or not. No official form of participation exists.

Access to Justice

General Rights and Sources of Law

Administrative Standing

Standing in Actions Against Government Agencies

In civil courts both of them must prove a legal interest.

In criminal courts — which until now only individuals are permitted to participate in — legal interest (damages, etc.) must be proven.

If a public official is a wrongdoer, one can ask for indemnities before a civil court or sue him/her before a criminal court.

Standing in Actions Against Polluters

Remedies and Enforcement

Injunctive Relief

Enforcement of Judgments

Court Expenses/Litigation Expenses

Legal Assistance

Ombudsman