Foundations of Greek law: ancient, Roman and Byzantine traditions, Ottoman rule and the modern state, the Constitution of 1975, the sources and hierarchy of law, the Civil Code, and the place of EU law and the European Convention

Antiquity. Ancient Greece gave Western law many of its ideas: the rule of written law (the laws of Draco and Solon at Athens), citizens’ courts with large juries, the debate on justice, equality and the best constitution by philosophers and orators, and the idea that power must answer to law. Ancient Greek law was not a unified code but a set of city laws. Roman rule then brought Roman law, which the Byzantine Empire gathered and adapted, producing the Basilika and, in 1345, the Hexabiblos of Armenopoulos, a manual that remained in use in Greece until the Civil Code of 1946.

Ottoman rule and the modern state. During Ottoman rule (from the fifteenth century), Orthodox Christians kept church courts for family and community matters, while Ottoman courts applied Ottoman law. The revolution of 1821 led to an independent Greek state (1830), which adopted Constitutions from 1844 onwards and borrowed codes and institutions from France and Bavaria. The twentieth century saw dictatorships, the junta of 1967 to 1974 and then the restoration of democracy.

The Constitution of 1975. After the fall of the junta, the Constitution of 1975 established a parliamentary republic with strong protection of rights and was revised in 1986, 2001, 2008 and 2019. A new revision process began in 2026, with proposals on several articles that need approval by two successive parliaments, so the current consolidated text must be checked.

The hierarchy. The Constitution has the highest rank. Ratified international treaties and the rules of international law are part of Greek law and, under Article 28, prevail over contrary statutes, and EU law has primacy where it applies. Next come laws (nomoi) passed by Parliament, including the codes, then presidential decrees and ministerial and other administrative decisions, which must follow the law. All laws and normative acts are published in the Government Gazette (ΦΕΚ) and generally take effect on publication unless they say otherwise.

Courts and custom. Greek courts apply statutes and are not bound by precedent as in common law, but decisions of the highest courts carry great authority. Unusually, any Greek court may decline to apply a law that it finds unconstitutional in the case before it (diffuse review), and a special highest court settles conflicting decisions on such questions. Custom is a secondary source recognised by the Civil Code.

The Civil Code. Unlike Bulgaria, Greece has one comprehensive Civil Code, adopted in 1940 and in force since 1946, modelled on the German Civil Code. It covers general principles, obligations, property, family and succession, and has been amended often. Commercial, labour, company and procedural law are in separate codes and statutes. The division between private and public law matters, and administrative law has its own courts.

EU law and human rights. As a member of the European Union, Greece applies EU regulations directly, transposes directives and must interpret national law in line with EU law. Its courts may ask the Court of Justice of the EU questions. Greece also belongs to the Council of Europe, is bound by the European Convention on Human Rights and the judgments of the European Court of Human Rights, and applies the European Succession Regulation and other EU instruments in private and cross-border law.

• Check the date. Greek statutes are amended often, so use the consolidated text from an official or reliable legal database.
• Check the level. Ask whether the answer comes from the Constitution, EU law, a law, a decree or a ministerial decision.
• Check the language. Official texts and court proceedings are in Greek, so foreign documents usually need an apostille and a sworn translation.