Description
Book SynopsisThis 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
Table of Contents
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