The Plenary of the presidents of the Bar Associations of Greece, which met immediately in Kammena Vourla, expresses its sturdy opposition each to the content material of the draft legislation of the Ministry of Justice below public session on the laws within the process earlier than the Council of State, and to the session course of.
In additional element, the announcement of the Plenary of attorneys states:
“The Plenary expresses its sturdy opposition each to the content material of the Ministry of Justice’s Draft Legislation below public session to amend PD 18/1982, which considerations the process earlier than the Council of State, and to the session course of.
Specifically, the above Draft Legislation degrades the orality of the process and deprives in a number of instances the fitting of illustration of attorneys.
On the identical time, limitations are positioned on the events relating to the deadlines for exercising procedural rights, whereas on the identical time the events are burdened with the prices of the performances.
The related laws restrict the procedural rights of the events, result in the deprivation of the fitting to be heard and basically undermine the fitting of residents to judicial safety. Dashing up the supply of Justice is a necessity, particularly within the Council of State, which has the worst document in delays in administrative proceedings.
Based on a latest Report of the European Union Euroscoreboard for the yr 2024, the award time within the administrative trial within the yr 2022 for the primary diploma was 464 days, for the second diploma 661 days and for the Supreme Courtroom within the unprecedented variety of 1239 days, on the time when the the European common was respectively 166, 152 and 265 days and this, regardless of the preparations and potentialities supplied by Legislation 3900/2010 and the “filters” which were put in place (eg inadmissible authorized assist within the case of battle with the Supreme Courtroom’s jurisprudence).
Fixing the difficulty of acceleration is initially linked to the well timed issuance of selections and the complete digitization of providers. It can’t be linked one-dimensionally to the narrowing of the procedural and substantive rights of the litigants and the rise in the price of entry to Justice, and it’s not handled by provisions comparable to limiting the pages of the pleadings, selecting a coke font. The activation of the (in diploma) Reporters as case reportors – which is a constructive regulation, isn’t sufficient.
Relating to the session means of the Draft Legislation, we level out that it was drawn up completely by the Council of State, was accepted by the Ministry and put to public session, with none prior info or session with the authorized career and the opposite events concerned within the administrative trial carriers.
We’re following with explicit curiosity this intense interplay between the Ministry of Justice and the Council of State. And we declare, in each route, that we’ll not settle for legislative initiatives on points that concern us, with out our participation”.
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