Greece’s legal community is calling for the immediate repeal of a recent amendment to the Civil Code that has sparked political and judicial controversy, after being linked to a high-profile family law dispute involving Tourism Minister Olga Kefalogianni.
The demand was made by the Coordinating Committee of the Plenary of the Presidents of the Greek Bar Associations, which argues that the amendment undermines core principles of legal certainty and proper lawmaking. In a strongly worded statement, the committee stressed that Greece’s legal codes form the backbone of the country’s legal system and should be amended only sparingly and after thorough public consultation. Repeated and ad hoc changes, it warned, erode the rule of law.
The criticism focuses on changes to Article 1536 of the Civil Code, governing issues of parental custody. According to the committee, the amendment was introduced without public consultation and inserted into legislation of unrelated subject matter, a practice that violates constitutional safeguards designed to ensure transparency and legislative coherence. The lawyers also challenge the government’s decision to classify the provision as “urgent,” noting that existing legal mechanisms—such as interim court measures—were already sufficient to address custody disputes.
Particular concern is raised over a new paragraph added to the article under Law 5264/2025. The legal body describes the provision as poorly drafted and lacking transitional rules, arguing that it fails to resolve any genuine legal problem. Instead, by allowing a final court ruling to be modified while an appeal is still pending, the amendment is said to create procedural confusion and legal uncertainty, without contributing to faster judicial proceedings.
The committee is therefore urging the government to repeal the provision without delay. It also calls for any future changes to Greece’s legal codes to be preceded by the formation of a legislative drafting committee and meaningful consultation with legal institutions, including the Bar Associations, which by law act as institutional advisers to the state.
The controversy has also taken on a political dimension. Following a lengthy cabinet meeting on January 26, 2026, Prime Minister Kyriakos Mitsotakis and Tourism Minister Olga Kefalogianni were seen in a brief private exchange, prompting speculation that the issue was discussed at the highest level of government.
The amendment drew widespread criticism after it was incorporated into a bill concerning agricultural payments and passed by parliament in December. Opposition parties described the provision as “tailor-made,” pointing out that it was subsequently invoked by Kefalogianni in an ongoing custody case involving her children and her former partner, composer Minoa Matsas.
The minister has rejected claims of impropriety, stating that she merely exercised a legal right available to any citizen. In a public statement, she confirmed that she relied on the provision due to what she described as a “particularly difficult personal reality,” adding that being a member of the government does not diminish her rights as a mother.
