ABSTRACT

This chapter is to apply Balkin's theory of living constitutionalism, as developed in the US legal order, to the Greek Constitution and thus contribute to understanding the processes of constitutional change during the crisis. By providing a broad and strictly descriptive legal outline of the privatisation process taking place in Greece, it will become possible to show how the Greek Constitution has profoundly, though silently, changed as a result of the pressure exerted by the European economic Constitution and the new European economic governance. The case of privatisations and the subsequent evolution of the economic Constitution will be used as an example that best illustrates the process of constitutional change. The chapter attempts to show how the privatisation programme has been implemented so far in Greece through the media of the HRADF and the HCAP, without omitting to highlight the reactions that they have created.