The Form and Content of the Greek Crisis Legislation

Kivotidis, Dimitrios

Abstract

© 2017, The Author(s). This paper offers a dialectical analysis of the law relating to the Greek crisis. The form and content of the measures introduced in the Greek legal system to deal with the debt crisis is examined under the concept of ‘necessity’. It is argued that this concept, used by the Greek Council of State to justify the constitutionality of these measures, opens a path for a more comprehensive analysis of the measures implemented through the mechanism of the Greek Memoranda of Understanding. The measures are seen as ‘necessary’: on the one hand in their accordance and basis on principles of the European Union; on the other hand in their class orientation and reflecting of specific social (class) interests. But despite their necessity, neither their content, nor the form of implementation of these measures is fixed; it is rather contingent, i.e. dependent on the level of intensification of social (class and intra-class) and economic antagonisms.

• Journal Article Type: Article
• Acceptance Date: Jun 2, 2017
• Online Publication Date: Nov 2, 2017
• Publication Date: Mar 1, 2018
• Deposit Date: Jul 24, 2017
• Publicly Available Date: Nov 14, 2017
• Journal: Law and Critique
• Print ISSN: 0957-8536
• Electronic ISSN: 1572-8617
• Publisher: Springer (part of Springer Nature)
• Peer Reviewed: Peer Reviewed
• Volume: 29
• Issue: 1
• Pages: 57-81
• DOI: https://doi.org/10.1007/s10978-017-9217-4
• Keywords: necessity, Greek crisis, memorandum, dialectics, class struggle
• Public URL: https://uwe-repository.worktribe.com/output/874781
• Publisher URL: https://doi.org/10.1007/s10978-017-9217-4
• Contract Date: Aug 1, 2017