The Right of Immigrants to Vote in Local Elections in Greece

Darjel Sina, Arjan Vasjari


Legal regime of foreigners in Europe has gained in recent years after a change of populations of particular importance that grow over the years (Vlahos G., Legality of persons and individuals, Volume of the Greek Supreme Court II, 1982, pg. 25, Venizelos E., European Citizenship and the Greek Constitution,Greek Legal Rewiev EEEyrD, 1993, pg. 271). This paper will look as a host country of emigrants. The large number of immigrants was certainly due to her disorder in the Greek population. The biggest challenge of the present and future is the integration of foreigners into the Greek society, which relates to integration of a number of legal issues related to the principle of equilibrium (by country of origin) and the principle of proportion (Dimitropoulos G. A., The Constitutional Rights of the foreigners in Greece, 2004, pg. 10). Sanctions and protection of any kind of a right of immigrants is a condition self-understanding, which should always be taken into account in Greece and not only there, but in any state that is founded on the principles and values of modern democracy. Given this principle, Greece in its recent law that was passed by the Greek Parliament approved by a majority of voting rights of immigrants resident in Greece and the right to be elected as members of the municipal councils or municipal councils if they possessed residence permit required by this law (Pasok party voted in favor and two far-left party SIRIZA, and the right against two parties, Laos and Nea Dimikratia, while the Communist Party voted abstention). The truth is that this law constitutes a legal innovation for Greece, a country that suffers from a lack of modern legislation on the legal treatment of foreign nationals who were permanent resident in Greece (Kakalis P., Greek legislation, the right of foreigners, 2005, pg. 45). On the following pages will analyze the background of the establishment of the Greek legislation on foreigners, the rights accorded to them by the law of 2010 (3838/2010), which will essentially be viewed in sections 14-21, stipulating the franchise of foreign immigrants in Greece, their right to be elected in local elections and the decision of the Greek court which seeks cancellation of articles based on the principle of popular sovereignty and several other articles of the Constitution Greek ( Papasiopi,Pasia. Z, The new Law 3386/2005 for foreigners, Thoughts and problematics, 2006, pg. 43.).

DOI: 10.5901/ajis.2013.v2n2p19

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