The debate over constitutional revision in Greece is never merely a legal exercise; it is a profound political act that defines the architecture of power for decades to come. Today, on July 1, 2026, as the process enters its most critical phase, the issue dominating the agenda is none other than the method of selecting the leadership of the supreme courts. The relationship between the executive and judicial branches stands at a historic crossroads, with society and the legal community demanding reforms that will shield the rule of law against political interference.

The "Achilles' Heel" of the Greek Judiciary

The current system, as defined by Article 90 of the Constitution, stipulates that the leadership of the Areios Pagos (Supreme Civil and Criminal Court), the Council of State, and the Court of Audit is selected by the Cabinet. This provision has been a bone of contention between legal experts and politicians for decades. Critics of the system argue that direct selection by the government creates a relationship of dependence, or at least the perception of such dependence, undermining public confidence in judicial impartiality.

In practice, this process has led to instances where seniority rankings are bypassed, causing internal friction within the judiciary. The need for a more meritocratic and transparent process is no longer just a demand from the opposition or bar associations, but a necessity consistently highlighted by the European Commission in its Rule of Law Reports. Greece is called upon to align with European standards, where the role of the executive branch is significantly more limited or balanced by robust institutional counterweights.

Proposals on the Table: From Cabinet to Parliament

Within the framework of the current revision process, three main models have been proposed to replace the existing regime:

  • Strengthening the role of the Parliament's Conference of Presidents: This proposal suggests that selection should not be made by the government but by Parliament with a qualified majority (e.g., 4/5 or 2/3). This would require broad political consensus, making it impossible to select an individual deemed "favorable" to only one party.
  • Involvement of an Expanded Judicial Council: Many legal scholars propose that recommendations should come from a body composed exclusively of judges, academics, and representatives of bar associations, limiting the government to a role of simple ratification.
  • The Mixed System: A combination of the above, where the Judiciary proposes a short list of candidates and Parliament selects the winner through a public and transparent hearing.

The challenge for lawmakers in 2026 is to find a middle ground that ensures democratic legitimacy (provided by popular sovereignty through Parliament) without sacrificing the independence of the ministers of Justice. Public consultation indicates a clear shift toward the qualified parliamentary majority model, as it is considered the most mature for implementation within the Greek political reality.

The Stake of Independence and the European Perspective

Reforming the way judges are selected is not just about individuals; it concerns the overall functioning of democracy. A judiciary that feels free to check the executive branch is the only guarantee for the protection of individual liberties. In the past, we have seen Council of State decisions annul landmark government laws, causing political earthquakes. If a citizen believes that the judge presiding over their case owes their position to a Minister, then the foundation of social peace is shaken.

"Justice must not only be independent but must also appear to be independent. The shadow of the executive branch over the supreme benches must be permanently removed," a leading constitutionalist noted during the consultation.

Furthermore, this reform has a direct impact on the country's attractiveness as an investment destination. Foreign investors seek a stable legal environment where disputes are resolved by courts unaffected by changes in government. Consequently, the constitutional change of 2026 is not only a matter of institutional order but also a prerequisite for economic prosperity and international credibility. In the coming period, the votes in Parliament will reveal whether the political system is ready to relinquish a decades-old privilege for the benefit of the country's institutional fortification.