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Friday, January 7, 2011

SOCIAL INSTITUTIONS

FAMILIES IN GREECE
    The family is the basic social unit of all strata of Greek society, whether rural or urban. For an individual not to marry or to remain separate from his or her family is viewed as unusual behavior. Sons and daughters still live with their families until they marry, bypassing the Western tradition of living independently between those two stages of life. Families play a large role in selection of a mate, although the traditional arranged marriage is now less frequent than in previous generations. In rural areas, tradition calls for courtship to be a time when society examines a young woman's conduct to evaluate her character. A potential groom and his family still consider a woman's reputation, health, age, and appearance, although the elements of reputation have changed since the 1960s. Until the late 1960s, modesty and innocence, the chief ingredients of a young woman's honor, were demonstrated by her dress as well as her behavior. By 1970, however, young women commonly dressed in fashionable West European styles, and chaperones were no longer required.
    The basic household, or nuclear family, includes a husband, wife, and their unmarried children. This unit may also include a parent or another family relative, and in some regions a young married couple may live with the parents of one spouse until they can gain financial independence. In village tradition, the groom takes his bride to live at least for a short time with his parents; they may remain in that house or one in the same village, creating an extended family. In the Cyclades Islands and the Dodecanese Islands, the wife's parents and village are the traditional destination of the newlyweds. The same pattern has been adapted to city life, where the wife's parents may provide housing for in-laws from several areas of Greece.

    Families with children in Greece: a comparative view

    It is often argued that Greeks, as well as other southern Europeans, are strongly attached to family. A good starting point to explore this claim is to examine comparatively the composition of families in Greece. The distribution of families with children by number of children in eleven European Union countries is presented in Table 1. It can be observed that, compared with the other countries, Greece has the lowest proportion (10.9 per cent) of lone parent families and the highest percentage of couples with children (89.1 per cent). The percentage of lone mothers with one child is the lowest amongst the rest of the European Union countries.   
    The first indication that attachment to the nuclear family is strong can be illustrated by the fact that Greece has the highest proportion of married couples with two children compared to the other European Union countries. However, when it comes to couples with three or more children, Greece occupies a position close to the average, as it has a similar percentage of couples with three or more children to Belgium, Italy, Portugal and the UK. When it comes to couples with four or more children, Greece is amongst the countries with the lowest percentages of these types of families. Thus, in Greece the predominant type of family is the typical nuclear family, a couple with two children.
    NUCLEAR FAMILIES

        The claim that in Greece attachment to the nuclear family is strong can be supported by the examination of selected demographic indicators . Greece has the second lowest divorce rate in Europe, although the legal and religious regulations for getting a divorce are not as stringent as in countries with a Roman Catholic tradition. In addition, the percentage of births outside marriage is the lowest in Europe (2.7 per cent). Attempts to explain the latter phenomenon often refer to the ‘stigmatisation’ of lone parenthood and the fact that access to abortion in Greece is relatively unrestricted. However, economic factors have also to be taken into account. It will become apparent from this analysis that welfare support for lone parents in Greece is very limited. This lack of support reflects and reproduces certainattitudes and social practices with regard to the institution of marriage and the nuclear family. An examination of the social values and attitudes held by Greek men and women sheds light on the issue.
     Selected Demographic Indicators (EUR12)
    Countries
    Divorces
    per 1000 population
    Out of wedlock births
    as a % of 1000
    live births
    Average number
    of children
    per woman

    1993
    1993
     1977
     1993
     Belgium
     Denmark
     France
     Germany
     Greece
     Ireland
     Italy
     Luxembourg
     Netherlands
     Portugal
     Spain
     UK
     2.1
     2.4
     1.9
     1.7
     0.7
     -
     0.4
     1.8
     2.0
     1.2
     0.7
     3.0
     11.3
     46.4
     33.2
     14.6
     2.7
     18.0
     7.2
     12.9
     13.1
     17.0
     10.0
     30.8
     1.71
     1.66
     1.86
     1.40
     2.27
     3.27
     1.98
     1.45
     1.58
     2.45
     2.65
     1.69
     1.61
     1.75
     1.65
     1.30
     1.38
     2.03
     1.21
     1.70
     1.57
     1.53
     1.24
     1.82
                            Sources: Eurostat (1994b: 4; 1992: 23)

    Family as a social value and attitudes towards family policies in Greece

    In the Eurobarometer report on the Europeans and the family (CEC, 1993a), Greeks appear as the most strongly attached to and supportive of the institution of the family. In response to questions concerning the order of values, an overwhelming 99.4 per cent of the Greek respondents placed the family as their top priority on the value scale, the highest figure in Europe (EU average: 95.7 per cent). Indeed, similar views have been observed in a recent public opinion survey, where 69.2 per cent of male and 75.5 per cent of female interviewees agreed respectively with the statement that ‘the family is the basis for a healthy society’. In addition, 46.3 per cent of men and 55.8 per cent of women strongly agreed with the statement that ‘life without family is meaningless’.
    However, despite the strong ideological attachment to the institution of the family, a series of ideological changes have taken place in respect of social roles within families. They relate to a series of structural changes, often defined as ‘modernisation’, which has occurred in Greece since the early sixties. Modernisation refers to: the shift from an economy based on agriculture to an economy based on services and (to a lesser extent) industry; the expansion of Greek statism and the intensification of ‘intra-middle-class conflicts for access to the state machinery’ (Petmesidou, 1991: 40); the phenomena of rapid urbanisation and migration; the cultural and economic impact of tourism; the increase in accessibility to higher education; the increase in women’s labour force participation (small though it was); and last, but by no means least, changes in family legislation which preceded entry into the European Community.


The level of family benefits

A good starting point in exploring the inherent characteristics of the Greek child benefit package is to focus on the level of family benefits and the types of families that are supported by the system. When examining family benefits, a distinction has to be made between non-income related family benefits and
income-related family benefits. Both systems of benefits operate in Greece although the non-income related family benefits are allocated to specific types of families. They are given to families with three or more children in an attempt to increase the (low) birth rate. In addition, other types of non-income related benefits provide some extra help to lone parent families and to families with children with learning disabilities. In terms of the real value of benefits Greece performs poorly compared to other European Union countries operating similar schemes (Bradshaw et al, 1993: 34-36). In the case of a couple with four children Greece provides the second lowest non-income related family benefit among the fifteen countries. With regard to lone parent families with one, two and three children Greece occupies the bottom position. In the case of a lone parent family with four children Greece performs slightly better, ranking higher than Ireland and Portugal.

When it comes to income-related family benefits the Greek system of family benefits works clearly in favour of two parent families. For instance, while the allowance for lone parent families is decreasing or remains low as earnings level increases, the opposite happens for couples with children. This is due to the fact that, although child allowances are fixed, spouse allowances are proportional to salary. Hence, the system not only favours couples but favours the couples with earners on high salaries. This is in sharp contrast with arrangements in all the other countries, where, as the earnings level increases, the income-related family allowance for couples with children ceases, or decreases. In Greece, in the case of two parent families, income-related family benefits rise steadily as earnings increase.

A snapshot of the overall level of family benefits for different types of families in one income category is presented in Figure 1. The figure shows a comparison of the level of both non-income and income-related benefits for lone parent and two parent families with one or two children, with one earner in the household on 0.5 average male earnings. It is adjusted by Purchasing Power Parities (PPPs) to a common currency (pound sterling) Focusing on the lower income category and on the most common types of families the figure illustrates how the family benefits system should perform in relation to families close to each country's relative poverty line. In Greece, similar to Germany, Italy and the USA, lone parent families receive lower amounts of benefits than two parent families. As far as the overall level of family benefits received is concerned, Greece ranks second lowest after Spain in the case of a lone parent family with one child, while for a couple with one child it ranks last. Greece’s performance
slightly improves in the case of a couple with two children, ranking above Portugal and Spain. However, in the case of a lone parent family with two children Greece occupies the bottom position.


MARRIAGES IN GRRECE
In ancient Athens, wedding ceremonies started after dark. The veiled bride traveled from her home to the home of the groom while standing in a chariot. Her family followed the chariot on foot, carrying the gifts.Friends of the bride and groom lit the way, carrying torches and playing music to scare away evil spirits. During the wedding ceremony, the bride would eat an apple, or another piece of fruit, to show that food and other basic needs would now come from her husband.Gifts to the new couple might include baskets, furniture, jewelry, mirrors, perfume, vases filled with greenery.In ancient Sparta, the ceremony was very simple. After a tussle, to prove his superior strength, the groom would toss his bride over his shoulder and carried her off.


EDUCATION SYSTEM



Education in Greece is compulsory for all children 6–15 years old; namely, it includes Primary (Dimotiko) and Lower Secondary (Gymnasio) Education. The school life of the students, however, can start from the age of 2.5 years (pre-school education) in institutions (private and public) called "Vrefonipiakoi Paidikoi Stathmi" (creches). In some Vrefonipiakoi Stathmoi there are also Nipiaka Tmimata (nursery classes) which operate along with the Nipiagogeia (kindergartens).
Post-compulsory Secondary Education, according to the reforms of 1997 and 2006, consists of two main school types: Genika Lykeia (General Upper Secondary Schools) and the Epaggelmatika Lykeia (Vocational Upper Secondary Schools), as well as the Epaggelmatikes Sxoles (Vocational Schools). Musical, Ecclesiastical and Physical Education Gymnasia and Lykeia are also in operation.
Post-compulsory Secondary Education also includes the Vocational training Institutes (IEK), which provide formal but unclassified level of education. These Institutes are not classified as an educational level, because they accept both Gymnasio (lower secondary school) and Lykeio (upper secondary school) graduates according to the relevant specializations they provide. Public higher education is divided into Universities and Technological Education Institutes (TEI). Students are admitted to these Institutes according to their performance at national level examinations taking place at the second and third grade of Lykeio. Additionally, students are admitted to the Hellenic Open University upon the completion of the 22 year of age by drawing lots.

LITERACY RATE


 The Literacy rate; youth male (% of males ages 15-24) in Greece was reported at 99.40 in 2008, according to the World Bank. Youth literacy rate is the percentage of people ages 15-24 who can, with understanding, read and write a short, simple statement on their everyday life. Greece had managed to achieve a fast-growing economy after the implementation of stabilization policies in recent years, at least, prior to the global financial crisis of 2008–2009. Greece has a predominately service economy, which (including tourism) accounts for over 70% of GDP. Greece realigned its economy as part of EU membership that began in 1981


POLITICAL SYSTEM IN GREECE


Greece is a Parliamentary Republic with a president assuming a more ceremonial role than in some other republics, and the Prime Minister chosen from the leader of the majority party in the parliament. Greece has a codified constitution and a written Bill of Rights embedded within it. The current Prime Minister is George papandreou (junior)
The politics of the third Hellenic Republic have been dominated by two main political parties, the self proclaimed socialists of PASOK and the conservative New Democracy. Until recently PASOK had dominated the political scene, presiding over favourable growth rates economically but in the eyes of critics failing to deliver where unemployment and structural issues such as market liberalization were concerned.
New Democracy's election to government in 2004 has led to various initiatives to modernize the country, such as the education university scheme above as well as labour market liberalization. Politically there has been massive opposition to some of these moves owing to a large, well organized workers' movement in Greece, which distrusts the right wing administration and neo-liberal ideas. The population in general appears to accept many of the initiatives, reflected in governmental support; on the economic front many are so far warming to the reforms made by the administration, which have been largely rewarded with above average Eurozone growth rates. New Democracy were re-elected in September 2007.
A number of other smaller political parties exist. They include the third largest party (the Communist Party), which still commands large support from many rural working areas as well as some of the immigrant population in Greece, as well as the far-right Popular Orthodox Rally, with the latter, while commanding a mere three and a half per cent of votes, seeking to capitalise on opposition in some quarters regarding Turkey's EU accession and any tension in the Aegean. There is also a relatively small, but well organized anarchist movement, though its status in Greece has been somewhat exaggerated by media overseas.
The political process is energetically and openly participated in by the people of Greece, while public demonstrations are a continual feature of Athenian life; however, there have been criticisms of a governmental failure to sufficiently involve minorities in political debate and hence a sidelining of their opinions. In general, politics is regarded as an acceptable subject to broach on almost every social occasion, and Greeks are often very vocal about their support (or lack of it) for certain policy proposals, or political parties themselves - this is perhaps reflected in what many consider the rather sensationalist media on both sides of the political spectrum; although this is a feature of most European tabloids.

LEGAL SYSTEM IN GREECE
Geek legal system is an member of the family of European laws and is specially influenced by French and German laws.

The two branches of the Greek judicial system

According to the Constitution there are three categories of courts: civil courts, penal courts and administrative courts. The supreme court of the civil and penal justice is the Court of Cassation, while the supreme court of the administrative justice is the Council of State. Hence, Greek judges belong to one of these two branches. Consequently, an administrative judge is not entitled to judge a penal or civil case, while a civil judge is entitled to judge a civil or penal case but not an administrative one.

[edit]The civil justice

Civil cases are judged:
  • At first instance, by the District Courts or the Courts of First Instance, according to the estimated value of the matter disputed at law.
  • At second instance, by the Courts of First Instance or the Courts of Appeal, according to the estimated value of the matter disputed at law.
  • By the Court of Cassation, when a writ of certiorari is filed against a final decision of the Court of Appeal. Court of Cassation's decisions are irrevocable. If the Court of Cassation concludes that a lower court violated the law or the principles of the procedure, then it can order the rehearing of the case by the lower court.

[edit]The penal justice

Crimes are judged as follows:
  • Felonies are judged, at first instance, by the "mixed" Court of First Instance and, at second instance, by the "mixed" Court of Appeal. In these "mixed" courts participate four jurors and three professional judges (of first instance and of appeal respectively). A constitutional provision allows the exception of certain crimes from the jurisdiction of the "mixed" courts. These crimes are judged, at first instance, by the three-member Court of Appeal and, at second instance, by the five-member Court of Appeals, without the participation of any jurors. For example, the members of the Revolutionary Organization 17 November terrorist group were judged according to this procedure, because felonies of terrorism or organised crime belong to the competence of the Court of Appeal and not to the "mixed" courts.
The Court of Cassation examines writs of certiorari against the final decisions of the ("mixed" or not) Courts of Appeals and it can order the rehearing of a case by the lower court, if it concludes that the lower court violated the law or the principles of the procedure.
  • Misdemeanours are judged, at first instance, by the Misdemeanours Court and, at second instance, by the Court of Appeal. A writ of certiorari against the final decision of the Court of Appeal is possible.
  • Infringements are judged by the Magistrate's Court.

[edit]The administrative justice

The judicial control of an administrative act goes either on its merits either not. The administrative acts of the first case are appealed against with the legal remedies of the recourse or of the suit and they belong to the jurisdiction of the Administrative Courts (of First Instance and of Appeal), while all the other administrative acts are appealed against with the legal remedy of the writ of annulment and they belong to the jurisdiction either of the Council of State or of the Administrative Court of Appeal. The control of these acts has to do with matters of legality, namely whether they are issued in accordance with the Constitution and the laws. At second and final instance, the Council of State is always competent to judge these acts. The decisions of all the administrative courts may be appealed against with a writ a certiorari, which is judged by the Council of State.
The Chamber of Accounts is also a supreme administrative court, whose jurisdiction is limited in certain particular areas (e.g. disputes between the state and the civil servants concerning their pensions). Its decisions are irrevocable and out of the control of the Council of State.

[edit]The constitutional control of laws

According to the Greek judicial system every court is competent to judge the conformity or not of a legal provision with the Constitution. This judicial right constitutes the so-called "diffused" control of constitutionality, which is opposed to the "concentrated" control. The last one exists in most European countries, which have a Supreme Constitutional Court, such as Germany, Spain or even France, which has a Constitutional Council. Since there is no such court in Greece, all courts are deemed competent to decide upon the constitutionality of a legal provision.

[edit]The Supreme Special Court

The Supreme Special Court is not a "regular" and "permanent" court, namely it sits only when a case belonging to its jurisdiction arises, and its role is mainly: a) to resolve disputes between the Supreme Courts or between the courts and the administration, b) to take an irrevocable decision, when contradictory decisions of the Supreme Courts, concerning the true meaning or the constitutionality of a legal provision, are issued, c) to judge the pleas against the validity of the result of the legislative elections. Consequently, it is the only court that can declare an unconstitutional legal provision "powerless" (not "null and void") and expel it from the Greek legal system, while the Supreme Courts can only declare it as "inapplicable" for the particular case. The decisions of the Supreme Special Court are binding for all courts, including the Supreme Courts.

[edit]Is a "Supreme Constitutional Court" necessary?

At the outset of 2006, the prime minister of GreeceKostas Karamanlis included within the plans of the scheduled constitutional amendment the foundation of a Supreme Constitutional Court, which will replace the Supreme Special Court. Supporter of the proposition is the Minister for the Environment, Physical Planning and Public Works Georgios Souflias. Just after the prime minister's announcement an ardent debate broke out about the necessity of a Constitutional Court. The government's proposition is ambivalent and, since it hasn't taken its final form, it is not clear yet whether it entails the replacement of the "diffused" constitutional control with a more "concentrated" one or whether the Supreme Constitutional Court shall have a jurisdiction similar to this of the existing Supreme Special Court, consisting in the resolution of contradictions and disputes between the three Supreme Courts.

[edit]The EU Law and the Constitution

The Court of Justice of the European Communities considers the law of the EU superior to the national laws, including the national constitutions. This, however, applies where theEuropean Council have expressly legislated in particular areas; this being where treaty provisions provide for secondary legislation in furtherance of the former . The Greek courts and, especially, the Council of State have avoided expressing themselves about the superiority of the Constitution or the EU law.
In 2001, a new provision was added to the Constitution, according to which the owners of private mass media are not allowed to participate in public procurements. Both big parties, NDand PASOK, agreed to this provision, aiming, according to those who proposed it, at promoting transparency. In 2005, the Parliament passed a law, materialising the constitutional provision. The European Commission reacted immediately and warned that this legal provision violates the EU law of competition. The Greek government answered that the law materialises the respective constitutional provision, which is superior to the EU law. An ardent supporter of this opinion was the professor of law and Minister for the Interior, Public Administration and Decentralisation Prokopis Pavlopoulos. Nevertheless, the government receded and amended the law according to the European Commission's instructions, when theEuropean Commission threatened to cut Community funds destined for Greece.

[edit]The Constitutional control and the Council of State

After the constitutional amendment of 2001, Supreme Courts can decide on the constitutionality of a legal provision only in Plenary Session. This amendment deprived the Chambers of the Council of State of their competence to judge the constitutionality of a legal provision. Now, the Chambers are obliged to submit the case to the Plenary Session of the Council.
Nonetheless, a Chamber of the Council with the Decision 372/2005 on a case including a problem of constitutionality, instead of submitting the case to the Plenary Session, it kept it and applied the European Convention on Human Rights, annulling the administrative act. With this "trick" the Chamber of the Council reinforced its competence without violating the Constitution and avoided a time-consuming for the litigant procedure.
According to the Constitution, the legal force of the international conventions is superior to the national laws but inferior to the Constitution.
          

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