Abstract:

The issue under contemplation is whether the Constitution is able to prevent – and
in what ways – the creation of huge fiscal deficits in such a manner as to ensure the
economic and social rights of the citizens. Although it has a particularly onerous
impact on the population, the issue of limitation of social rights due to financial
crunch and economic recession is not under contemplation here since it emerges at a
subsequent time. In a certain sense it is less interesting from a legal perspective
because the limitations on social rights, particularly in view of their financial nature,
are addressed through a set of provisions pertaining to legislative and judicial assessments
on the presence of grounds of public interest and of compliance with the principles
of equality, proportionality and the protection of human value.2
To this end, the example used in this essay is the Greek Constitution. The views
supported below are the following: First, the way that the Constitution has been
interpreted to date is not consistent with fundamental rules and views of the EU and
the IMF, which is why there are delays in taking the measures that were agreed upon
with these international organizations and why there are shortcomings in their
implementation. Second, the constitutional provisions regarding the economy,
public finance and financial control do not suffice at a quality or a quantity level for
the prevention of crises, such as the one which the country currently faces.