Universal abstention of its members in protest of the new Judicial Charter on Monday, September 16, 2024, the Board of Directors of the Athens Bar Association (DSA) decided, according to its announcement today.
Also, as stated in the announcement, it was “unanimously decided to hold a protest and information gathering about the “new” judicial map at the former Athens Magistrate’s Court on Monday 9-16-2024 at 09.30 am.
In detail, in the announcement issued by the DSA it states: “The Board of the DSA during its meeting on 9-9-2024 decided the following:
A. The ratification of the decision of the Plenary Session of the Presidents of the Bar Associations of the Country for the implementation of universal abstinence on Monday 16-9-2024, taking into account the hasty and sketchy attempt to implement the new judicial charter by the Ministry of Justice from 16-9-2024 without having previously resolved vital problems created by the implementation of the new system, since to date, one week before the start of the judicial year:
1) the relevant amendments to the Code of Civil and Criminal Procedure have not been passed,
2) the bills for the collection of legal fees for the new procedures and Courts have not been determined, after the implementation of the new system,
3) there is no process of personalized information by calling the parties from their homes about the new places, days and times of the already determined political cases in the abolished Magistrates’ Courts and the process of information through the Solon system remains incomplete (in the Courts of First Instance of the OSDPP phase one),
4) the possibility of regulating all the issues created by the new judicial charter by the Plenums of the judicial formations has not been provided by law
5) no rooms have been created in the premises of the former Athens Magistrate’s Court and the Athens Court of Appeal for the adjudication of cases and the maintenance of the record,
6) the issues arising from the abolition of the Magistrates’ Courts and the unification of the first degree of jurisdiction have not been settled, with the result that there is a risk of legal certainty, summary judgments and the loss of procedural and substantive rights and leading to incredible suffering for officials and co-officials of justice, court officials and citizens – litigants.
B. It was unanimously decided to hold a protest and information gathering about the “new” judicial map at the former Athens Magistrate’s Court on Monday 9-16-2024 at 09.30 am.
C. It was unanimously decided to hold an informational event on the new Judicial Charter, live (in the event hall of the DSA) with a simultaneous webcast, on Thursday 12-9-2024 at 3.00 pm.
D. The proposal for the convening of a General Assembly on 16-9-2024, for all the issues that concern the sector (tax, judicial map, etc.) was not voted for.
FRAMEWORK OF CATHOLIC ABSTINENCE
The universal abstinence concerns all judicial and extrajudicial actions, including the drafting and signing of all kinds of private agreements, and in addition:
a) abstention of lawyers from adjudicating all kinds of cases
b) abstention of lawyers from filing pleadings and carrying out any kind of procedural acts
c) abstention of lawyers from representation in administrative committees and services (Local Administrative Committees EFKA, Labor Inspections, Disciplinary Councils, Dispute Resolution Directorate, Mediation and Arbitration Organization, EADISY, etc.),
d) abstaining from the registration of registrable deeds in the Land Registry (for example, pre-notations, lawsuits, procedure of article 6 par. 4 of Law 2664/1998, etc.),
e) refraining from submitting supporting documents for granting – renewing residence permits through the electronic platform of the Portal of the Plenary.
Licenses will be granted exclusively to:
– In cases of limitations and amortization periods, including procedural ones, in civil, criminal and administrative cases before the Courts, in cases of expiration of the periods for filing appeals before the Administrative Authorities, as well as in cases of periods of the Immigration Code (expiration of residence permits, visas entrance, etc).
– In criminal cases, in misdemeanors completed six (6) years in the first degree and seven (7) years in the second degree and in felonies completed fifteen (15) years in the first degree and eighteen (18) years in the second degree.
– In criminal trials of the second degree with a prisoner, as a result of a first instance conviction. – In cases of temporary detainees, with a view to the completion of temporary detention. Completed ten months in case of twelve months and fifteen months in case of eighteen months.
– In Suspensions and Suspensions during auctions
– In Objections, before Administrative Courts, only when immediate deportation of a foreigner is imminent.
– In adjudication of temporary injunctions in clearly and highly urgent cases.
– In affidavits, only if there is a risk of time limit lapse.
– In a mandatory initial session (YAS) of Mediation:
i) for the cases in which a request has already been submitted to the Ombudsman,
ii) for the cases of the new procedure where there is a question of a deadline for submitting proposals and
iii) for family disputes, where their discussion is imminent. It is expressly clarified that during the Catholic abstinence:
– There will be no filings of pleadings and remedies.
– Permits will not be granted:
a) For insurance measures,
b) For applications for suspension and
c) For self-employed persons and escorts.
– Enforcement of writs and decisions and seizures in the hands of a third party will not be carried out.
– Abstinence also covers consensual divorces. No license required:
a) For filing motions and adding rebuttals to the regular procedure,
b) For submitting proposals and discussing small disputes
c) For the filing of addendum/rebuttal, note, memorandum, etc., in cases that have been discussed and the deadline expires during the abstention and
d) For the revocation of a mortgage pre-note
Regarding Postponements:
For the convenience of colleagues, it is allowed to appear before the courts to submit a postponement request, with the obligation
– in the case of non-appearance of the opposing party
– to inform the absent colleague about the date of the new trial without delay and by any suitable means.
Where there is a criminal court session due to adjournment, a new adjournment will be requested to discuss the case.”
Regarding the declarations of representation in the Civil and Administrative Courts:
Statements of representation that are filed until priority are not filed, or else they are revoked, as they are equivalent to a lawyer’s representation during the hearing of the case.”
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