Greece

Αυτή η σελίδα στα Ελληνικά: Ελλάδα

In the Article 24 of the Constitution of Greece, the protection of the environment (natural and cultural) is recognised as a duty of the State and as a right of every person. The State is further obliged to adopt special preventive or repressive measures for the preservation of the environment in the context of the principle of sustainable development.

As a Member State of the EU, Greece is also obliged to adopt and/or implement the EU legislation. Under the Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action, the country has established the required National Energy and Climate Plan (NECP) for the period from 2021 to 2030. The NECPs are integrated mid-term planning tools that Member States are required to prepare in view of the implementation of the Energy Union objectives, and in particular the agreed EU 2030 energy and climate targets. The Energy and Climate Plans addresse all five dimensions of the EU Energy Union: decarbonisation, energy efficiency, energy security, internal energy markets and research, innovation and competitiveness.

In 2019, it was announced that, as part of its national policy, Greece would phase out the use of lignite in its energy system by 2028. In order to address the economic and social repercussions, the government announced a masterplan for the Just Development Transition (Σχέδιο Δίκαιης Αναπτυξιακής Μετάβασης, ΣΔΑΜ/SDAM) and set up a steering committee to coordinate the preparation of the plan.

Legal Framework

National jurisdiction

Currently there are no Climate Litigation cases concerning Greece and its national jurisdiction. However, Greek Environmental Law and the relevant case law can provide some useful principles and guidelines for future climate litigation. It should be noted that Greece's legal system is civil law system.

Right to the protection of the environment (Art. 24 par. 1 Constitution of Greece): The meaning of the natural environment is not defined in the Constitution, thus it can be perceived in its broadest possible form, namely as the whole of ecosystems. The term refers to all the natural elements: atmosphere/air, water, soil, fauna and flora.
The content of the right to the protection of the environment is to create, maintain and restore those conditions that ensure and protect human life, health and quality of life, and the environment itself as a separately protected right. The Council of the State (the Supreme Administrative Court of Greece) has recognised the natural environment as a separately protected right, so that the maintenance of the ecological balance of the country and the preservation of the natural resources are ensured for the benefit of future generations (see, for example, cases (in greek) ΣτΕ 2537/1996 (Ολομ.), 2875/2012). The right to the environmental protection is also defined as the right to a healthy and ecologically balanced environment.
The right has also a procedural aspect, meaning that it includes the additional right of every person to participate in environmental decision-making and to have access to justice in order to protect the environment.

Legal standing and legitimate interest: Any individual or legal entity (and ad hoc groups) can bring a case before the greek courts if they have legal standing and legitimate interest to the case. Legal standing have generally those individuals or entities that are recognized by law as subjects of rights and obligations. The legitimate interest is established when real need for judicial protection is proved and it should be direct, personal and present (art. 64 Administrative Procedure Code).
In environmental matters a wider legitimate interest is established through the case law, due to the fact that the right to the environment is both an individual and a collective right. This means that the requirements of direct and personal are not so strict in the environmental litigation.

Cases

• Marangopoulos Foundation for Human Rights (MFHR) v. Greece
• Client Earth and others v. Greece
• European Commission v. Greece (pending): The case concerns poor air quality due to high levels of particulate matter (PM₁₀).

Resources

• Grantham Research Institute/Climate Change Laws of the World
• European E-justice Portal: Access to justice in environmental matters - Greece
• Νόμος + Φύση (“NOMOS + PHYSIS”/LAW AND NATURE, available information mainly in greek)
• For the NECPs, see:National energy and climate plans (NECPs), Greece's NECP.
• For the Master Plan for the Just Development Transition (Σχέδιο Δίκαιης Αναπτυξιακής Μετάβασης, ΣΔΑΜ/SDAM), see: https://www.sdam.gr (in greek), Just Transition in Greek Lignite Regions: The Clock’s Ticking.
• https://www.clientearth.org/projects/access-to-justice-for-a-greener-europe/updates/greek-council-of-state-establishes-new-test-for-ngo-standing-in-transboundary-cases/

Organizations

• WWF Greece
• Greenpeace Greece
• The Greek Ombudsman (independent authority)
• Ministry of Environment and Energy (available in greek)