The Far Right in Greece and the Law

This book critically evaluates the rise of the far-right in Greece, detailing the legal context in which to understand both the emergence of Golden Dawn, the far-right?s largest grouping, and the 2020 court decision, in which it was deemed to be a criminal organisation.

Golden Dawn was a political party which, for years, also functioned as a violent subculture movement, with limited to no interference by the state. This book sets out the background to its rise in Greece, tracing its development from the post-Junta era. At the same time, the book provides an assessment of the legal framework within which the far-right has operated, and the legal tools available to tackle it ? including criminal law, non-discrimination law, the laws governing political parties and the public order framework, and the country?s international and European obligations. Golden Dawn functioned as both a political party and violent entity until its leadership and parliamentary members were found guilty of leading and participating in a criminal organisation. This book demonstrates that the state of impunity in which Golden Dawn?s violent hit squads functioned was both a facilitating factor for its rise, and potentially for its demise, as the group potentially felt untouchable. And its attention to how Greek Law has tackled, and failed to tackle, Golden Dawn offers a timely and more generally useful assessment of how legislation, courts and policies can best challenge the far-right.

This book will be of interest to those teaching and studying in law and politics, as well as more others, concerned with the rise of the far right and violent organizations, especially in Europe.

CHAPTER ONE: INTRODUCTION

1. General Introduction

1.1 Aims and Structure

1.2 Contribution of the Book

1.3 Contextual Framework

1.3.1 Overview of the Greek Political and Legal System

1.3.2 Dictatorship – Regime of the Colonels

1.3.3 The Face of the Far-Right in Greece

1.3.3 (i) Golden Dawn – Historical Development and Ideological Profile

1.3.3 (ii) Golden Dawn and Violence

1.3.3 (iii) Golden Dawn’s Electoral Development

1.3.3 (iv) Reasons for Golden Dawn’s Rise

1.3.3 (v) Golden Dawn’s Impunity: A Facilitating Factor of its Rise

1.3.3 (vi) The Murder of Pavlos Fyssas – The Turning Point

1.3.3 (vii) Golden Dawn’s Trial

1.3.3 (viii) The Far-Right in Greece: Concluding Comments

1.4 Definitional Framework

1.4.1 Racial and Religious Groups

1.4.2 Public Incitement of Violence and Hatred and Prohibition of Revisionism– A Substitute for Hate Speech?

1.4.3 Racial and Religious Aggravation and Hate Crime: Two in One

1.4.4 Discrimination and Harassment

1.4.5 Public Order

CHAPTER TWO: THE TREATMENT OF POLITICAL PARTIES IN THE GREEK LEGAL ORDER

2.1.2 Freedom of Association

2.1.2 (i) Article 29: History

2.1.2 (ii) Article 29: Theoretical Issues

2.1.2 (iii) Article 29: Legal issues

2.1.2 (iv) Article 29 and ECtHR Case-Law

2.1.2 (v) Impact of Article 29 on Golden Dawn

2.1.2 (vi) Before or Beyond Banning Political Parties: Other Means of Restriction

2.1.2 (vii) The Doctrine of Parliamentary Immunity

2.1.2 (viii) Concluding Comments: Freedom of Association and Political Parties in Greece

CHAPTER THREE: HUMAN RIGHTS LAW

3.1 Human Rights: Conceptual Backdrop

3.1.1 Freedom of Expression

3.1.2 Freedom of Assembly

3.1.3 Non-Discrimination

CHAPTER FOUR: THE FAR-RIGHT MOVEMENT AND CRIMINAL LAW

4.1 Law 927/1979 – Anti-Racist Legislation

4.2 Aggravating, Sentencing and Hate Crimes

4.3 Advances, Amendments and Alterations in the Sphere of Criminal Law

4.4 Criminal Organisation – Prohibition of Establishment, Leadership and Participation

4.5 Terrorist Organisations: Core Difference

CHAPTER FIVE: THE INTERNATIONAL AND EUROPEAN FRAMEWORKS

CHAPTER SIX: CONCLUSION

Natalie Alkiviadou is Senior Research Fellow at Danish think-tank Justitia. Her research focuses on free speech, ‘hate speech’ and the far-right with 2 Routledge monographs and a range of peer-reviewed articles on the themes.