This present article is part of a series of articles published as part of the “Europe - What if?” Campaign by JEF Europe, within the project CompletEU framework. Its aim is to acknowledge that Europe is not limited to the European Union. Therefore, we invite our readers to examine the complex relationship the EU has with non-EU and newly EU countries in Europe and how this relationship could develop in the future.
In July 2024, the European Commission published its annual Rule of Law Report. Greece, for the second consecutive year, occupied one of the last positions, mainly due to issues related to the independence of the Judiciary, media freedom and the lack of transparency in the surveillance of citizens and journalists.
The report focuses, among other things, on the case of surveillance through Predator-type software, for which the European Public Prosecutor’s Office (EPPO) has already requested access to data, while the European Parliament has called for further investigation. In mid-2025, a new blow struck, the Commission imposed a fine of 392 million euros for falsified agricultural subsidies through OPEKEPE, with the European Public Prosecutor’s Office (EPPO) investigating and the EU reducing future aid by 5%.
These developments clearly highlight the role of the EU as an institutional guarantor of democratic values. In Greece in 2025, the application of EU law remains a crucial mechanism for the protection of the rule of law and fundamental rights.
The Drafting of the 1975 Constitution and the European Perspective
The 1975 Constitution, a product of the metapolitefsi period (after the fall of the Regime of the Colonels), was drafted under the strong influence of the European idea. Although Greece was not yet a member of the EEC, it is no secret that the prospect of accession played a central role in the political and legal ferment of the time.
Characteristic is the provision of Article 28 of the Constitution, which allows the transfer of powers to international organizations, provided that the national interest is served and democratic principles and citizens’ rights are safeguarded.
This article formed the foundation for the integration of European law into the Greek legal order, recognizing de facto and de jure the primacy of Community law over domestic law in areas of EU competence.
Democracy and European Participation
Greece’s participation in the EU strengthened democratic legitimacy on multiple levels. First, the Greek citizen acquired an active role in shaping European policy, through voting in the European Parliament. Second, consultation, transparency and openness procedures were established in legislative production, in line with European standards. Principles such as administrative accountability and the participation of social partners enrich the democratic functioning of the state.
These practices have been incorporated into the way Greek legislation is drafted and passed, with a typical example being Law 4808/2021 on equal pay transparency.
Rule of Law and European Supervision
The rule of law is a fundamental value of the EU. In practice, this translates into continuous assessments by the European Commission, the European Public Prosecutor’s Office, the FRA and other institutions.
Greece has repeatedly received recommendations and criticism on issues such as: The administrative independence of the control mechanisms Delays in the delivery of Justice Interferences in the freedom of the press
The EU does not simply impose obligations but also offers support mechanisms. The operation of the National Transparency Authority and the Independent Public Revenue Authority were based on European standards of independence and were financed by EU funds.
The OPEKEPE case has become a catalyst for change as we speak. In particular, the Commission has undertaken to closely monitor the implementation of new, more robust measures.
The Charter of Fundamental Rights and Greece
The EU Charter of Fundamental Rights became binding with the Treaty of Lisbon (2009). It is now part of primary European law and applies to any act or policy of the state that concerns European competence.
In Greece, the Charter has affected: The protection of personal data Access to justice Freedom of expression and of media The prohibition of discrimination on grounds of sex, religion or sexual orientation
In practice, directives ensuring equal rights at work, access to justice and the protection of freedoms are also implemented in the Greek legal order. Furthermore, in cases such as the licensing of digital platforms, the implementation of the Charter plays a central role in protecting users.
What if Greece had never joined the EU
If Greece had remained outside the European Union, it is likely that institutional phenomena such as the OPEKEPE scandal or the surveillance case would not have been faced with the same scrutiny and consequences.
The absence of EU supervision would have limited the possibilities for independent investigation and democratic accountability, while the institutional framework would have remained inward-looking, with an increased risk of arbitrariness. The Charter of Fundamental Rights, transparency rules and access to the EU Court of Justice would simply be absent from the everyday lives of citizens.
Conclusions
The relationship between Greek legislation and EU law is deep and evolving. From the change of government and the drafting of the Constitution to today’s European supervision reports, the role of EU law is crucial.
Article 28 of the Constitution served as an institutional opening towards European integration. Democracy was strengthened through participation and transparency, the rule of law was protected through European pressure, and human rights acquired a dual guarantee, national and EU.
The European Union acts as a shield and an imperative watchdog. Especially in cases of institutional or economic weakness, the application of Community law functions as a guarantor of legality and transparency.
The stakes are not only legal or economic. At a time when democracy is being tested, Greece’s European legal integration is not just a historical event, but a permanent bet.
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