The rule of law presupposes a constitutionally independent judiciary to serve as an institutional counterweight and refuge of last resort in the face of state arbitrariness.
Sadly, the judiciary has lost the public’s trust in Greece, and the blame lies squarely on its government. Numerous systemic dysfunctionalities, including delays in the administration of justice, have undermined the status of the institution. At the same time, cases that are damaging to the polity—most prominently, what the government itself has admitted is “a wiretapping scandal”—are summarily closed. Others such as the Tempi tragedy are burdened by cover-ups and public distrust, which polls place as high as 80%.
It is no coincidence that Greek judicial reform has become a major issue for all the international organizations to which the country belongs. For its part, the European Commission continues to issue a stream of recommendations, while the OECD reports on Greece have long since reflected the problem, as have the nation’s international rankings. Nevertheless, the need for reform has remain unaddressed; along with the powerful sense that members of the judiciary are being manipulated by the executive in its persecution of people it does not like.
There are even cases of alleged opponents being “held hostage”: a pending court case; a prosecution that remains under investigation for years; a charge that hangs long and heavy over the heads of an ordinary citizens, a prominent person or dynamic business—they all have the power to obstruct, to bind and to discomfort those they are employed against. And senior members of the public prosecutor’s office are being besmirched by the stain that is spreading over the entire judiciary.
This situation, utterly unacceptable as it would be in any democratic state, has left our nation irreparable exposed before both its own citizens and internationally. It places us outside Western norms and the system of values on which modern liberal democracies were built. Concern is evident among those who refuse to turn a blind eye to the problem, and the health of the justice system remains an issue, with all sides stressing the need for far-reaching reforms that will shield the institution’s independence from the will of the executive.
It is high time for real reform that will restore citizens’ confidence in the judiciary. The country must finally put an end to an abhorrent state of affairs that is bringing Greek Justice to her knees.
