executive. It is “State”, yet it also reports to the State. It is, or at least it can and
should be, accountable, and it is under administrative and disciplinary control. In
short, the police depends upon political choices made by the head of the executive, despite the fact that, as any other institution functioning in a context of
relative independence, it has developed a speciic culture and mentality. In any
case, if the head of the executive decides to send a powerful message to the
police branch, this message may arrive late, or it may be obstructed, or it may
even be spoiled to a certain degree, but, at some point, it will certainly reach its
destination. For instance, if in Greece today some police oicers are punished
and put to jail or are dismissed because, rather than hunting down Nazi criminals, they have been busy making friends with Nazi criminals and hunting down
immigrants along with their new friends, one can be sure that many of their colleagues will refrain from doing the same, even if they actually wish they could.
At the same time, if the police is trained in a proper way by liberal-democratic
standards, results are certain to follow, whether sooner or later.
However, in the case of the judiciary, things are more complicated. The reason is that its
institutional status within the division of powers, typical of every modern rule-oflaw State, allows the judiciary to enjoy a special degree of independence, which
is indispensable in order to be able to perform its functions. The judiciary is a head
per se. It is nobody’s branch; it only represents the regime in the widest of senses.
The judiciary is one of the three parts of government; indeed, its duty is to provide solutions to the problems of the two other parts. This is its vested right, yet
this also creates the most serious diiculties as long as one remarks systematic
judgments and views that exceed the liberal-democratic limits of any modern
State. Let us, then, reread in a new, somewhat brighter light our rather summary
introductory formulation: This is why we do believe that the main issue of this study in
Greece today concerns especially the Greek judiciary. This is not to say that the judiciary
poses any particular danger to democracy, but that it does reproduce judgments and
views that consolidate as the normative horizon (i.e., as the common view of what is just)
of the Greek political community a culture that may be convincingly shown to share most
features of the ultra-right.
As a postlude, a more general remark may be in order. The stinking history of ultraright intrusion into the Greek State has features that point to identiiable Greek
particularities, as well as features that fully enter into a wider comparative
frame of reference, where Greece is a typical case of transition in southern and
southeastern Europe, that is, of the Mediterranean and Balkan legacy, which
both form part of the wider European heritage. As Mazower writes, in Dark
Continent: “Europe in the 20th century was not the natural home of freedom and
democracy, but a frequently nightmarish laboratory for social and political engineering, inventing and reinventing itself through war, revolution and ideological
competition”143. In this sense, the Greek ultra-right symptom is nothing but an
extreme version of the European symptom.
143.
96 |
Mark Mazower, Dark Continent: Europe’s 20th Century, Greek trans. K. Kouremenos,
Alexandria, Athens, 2001, back-cover.
ROSA LUXEMBURG STIFTUNG
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