The Androulakis case not only challenged and altered the Greek political agenda, but also provoked substantial concerns about the protection of the right to secrecy of communications and in a wider sense the quality of rule of law in Greece.
In the first wave of the pandemic (March-June 2020) Greece has been widely praised for having taken all necessary actions to contain effectively the spread of the virus. Despite the reasonable concerns, a consensus among scholars about the constitutionality of harsh restrictions on rights was reached, along with a broad social acceptance, due to the priority of health public interest and the exceptional character of the measures. Set by an emergency mechanism, the framework of the “crisis-law” remains alive and binding, while the country is possibly entering, after the second and more lethal spike (November-January), the third wave of Covid-19.
Each time a crisis emerges, the law is entitled to seize the exceptional moment and contain it, within the limits of democracy and the rule of law. Legal normality, as a vague standard, is usually redefined by the legislator and the courts and rapidly adjusted to reality. The constitutional value of public interest comes into conflict with civil liberties and scholars begin to question the law. The saga of the (Greek) coronavirus crisis-law is, like everywhere, utterly reduced to the proportionality of the exceptional measures of the (Greek) State, but its moral and political implications seem far broader and ambiguous.
13. September 2025
Giovanni Capoccia
12. September 2025
Anne Peters
12. September 2025
Anne Peters