Upcoming events


1. To some extent
2. Not at all
That is , if for instance, we have a case of import taxesand the Greek legislation does not comply to the EU one, we will take into consideration the domestic law at first but then , realizing the contrast between the two regulations, we can send a question to the European Court asking for an interpratation of the true meaning of the law that has to be applied.
3. No

Yes as a rule, there is a guarantee in article 20 of the Constitution as well as in the Code of Administrative Procedure. The only exception to the rule exists when the Administration takes a measure where the competence is pledged and the law is applied directly in the case , because there cannot be any discussion about taking the measure or not since there exists a direct obligation provided by law and the Administration has no alternative to that.
Only when asked for ? Yes . Every interested person can have access to his or her file addressing the court , not directly asking the Administration.
Yes ther is such an obligationfor the administration to give reasons for its decisions and is based upon the law or can derive from general principles applied in the administrative praxis. The extent depends on the significance of the case bur usually it takes no more than a few lines.

47.1 The right to an effective remedy before a tribunal
Time limits : Yes , law nr 1943/1991 and the Code of Administrative procedure , provide a deadline of 60 days for the administration to decide upon an application of a party , but apart from that ther is a general deadline of three months period that is considered as a silent negative response of the Administration to the demand of the party and is taken as a starting point for the action to be taken by the party before the Court.
Is there a legal remedy... : Law nr 1943/1991 provides that every interested party has a claim for compensation in case of non respond in the time limit (action for annulement).
Has your countr guaranteed.... : No there is not a specific remedy before a Court for that , there is only the general right for everyone who’s rights are violated to turn to a national Court asking for a compensationfor this violation and after having gone through all the jurisdictions provided for the case , then , turn to the European Court. Of course ther exists a recognition of the superior force of the European law in relation to the national law.
Is it necessary to appeal.... :Yes in some cases there is this obligation , for a party to appeal to a higher administrative authority before appealing to a court. For instance , when someone is seeking an invalidity pension in the first place is applying to the Director of the social security organisation and then if he turns down his application , then he has to appeal to a special commitee whose decision is the one to be taken before a court. There are two instances within the administrative law suit. There is the tribunal of the first instance and the court of Appeal.
47.2 The right to a fair hearing
Yes of course my country fulfilsthis obligation regarding the application of EC Law not only through the recognition of the civil law rights and obligations but furthermore through the guarantees given by the Constitution and beyond that through the superiority aof the European law in relation to the national one.

- The Admin Courts in my country are confined to look at the legality of the administrative decisions whenever dealing with a recourse and they are not competent for the control of the "suitability" of the administrative decision. The latter belongs only to the competence of a higher administrative autority whenever such a control is provided by the law.

- Yes the Admin Court is entitled to control the question of fact when it has to deal with a recourse. This control is part of their jurisdiction. But if we talk about the Counsil of the State , then there is not such a jurisdictionsince this Supreme Court of Appeal can only annul a decision of the administration or retract a decision of a court. On the other hand it should be pointed out that during the recent years the Counsil of the State has delegated a certain number of cases belonging to its competence to the lower courts (Tribunal of first instance and Court of Appeal) for reasons of optimization of the division of the cases presented before it. In such a case the lower courts act as if they were the counsil of the State and cannot control the question of fact. Instead as mentiond before , when dealing with their normal competence , they have a broad control to look for the question of fact, including if necessary , the hearing of witnesses and experts (but this is rather an exception to the rule) which is to control if the grounds given by the administration are reasonable or not.

- In our legal system , the experts working for the administration can always be heard by the courtsand they are considered reliable . The court can nominate its own experts only to control the experts who were hired by the opposite party (the individuyal that turned to the court in the first place)

- No it is only a "cassation". Of course the court with its decision recognise the right of the individual complaining against a decision of the administration that is annulated.

- Yes it is a "two party system"

- In some cases the administrative court is limited to the arguments put forward by the "parties" but in other cases it can consider further data even if they are not presented by the "parties" , because in the administrative procedure there exists the "interragatory" system in which the court can take into consideration data related to the strictly legal aspects of the case and the violation of procedured rules even if they have not been pointed out by the parties.



Chapter I General aspects : paragraphs 1 and 2
Scope of the recommendation
1,2 . This recommendation applies to all professional judges including of course administrative judges, since they exercise judicial functions disposing full jurisdiction (“en plein jurisdiction”) . What could not be adopted in our legal system is the notion of the “non professional judge” even as a term , because the title “judge” applies only to the competent professional as described above and could not be extended through certain provisions so that they could include non professional ones.
Judicial independence and the level at which it should be safeguarded
3,4,5,6,7 : Independence of the judges that is connected with the right to a fair trial for the individuals as stated in Article 6 of the Convention requires the independence of the judiciary cover by the Constitution to assure the compatibility with the provisions of the Recommendation.
8 : There is not anything like o council for the judiciary as it is described in the Recommendation. There only exists a remedy before a higher court (council of the State as the highest court for the Administrative jurisdiction and the court of cassation for the civil and penal jurisdiction) where a single judge could address in case of interference coming from other powers of the State. Here, I could point out a risk, whenever the interference (presented as pressure put upon a lower grade judge) derives from a member or members of this competent highest court , resulting in a non efficient protection of the independence of this single lower judge.
9 : Withdrawal of a case from a particular judge already happens when there is a valid reason for that such as involuntary delay in elaborating the cases that have been assigned to him due to objective causes (for instance an illness) and this has been detected by the competent authority that rules the court like the president in case of a peripheral court or the three member Administration of the court presided by the President in the case of the bigger court. I should point out here that the possibility for the state to withdraw a case open before an administrative court does not practically exists in our system since the presence of the lawyer represented its interests is always taken for granted, and only the individual can leave the case if he has no interest in going on with that which happens for instance if he is not officially represented by a lawyer whenever such a representation is obligatory.
10 : Of course it is obvious that only the courts themselves decide on their own competence without any external influence.

{{Chapter II}} External independence
The external independence of judges , as a reflection of the structure of the judiciary in order to apply the law with impartiality and objectiveness safeguards the protection of human rights of the litigating parties and their right to equality before the courts since this system is actually protecting the public interest. Under this perspective , the judges have an appropriate relationship with the other factors of the Administration as well as with professionals like the lawyers and whenever there is a decline of this respect presenting itself as an attempt of corruption of the judge or as an improper influence there already exists a series of provisions implementing sanctions for such improper or even criminal attempts. Of course there is also constitutional obligations for reasoned decisions made by judges which are made known in a public session and they are only subject to appellate or re-opening proceedings before a higher court. Due to the constitutional rule of the division of powers no other power except the judicial one can invalidate judicial decisions. As about the tendency of the media to comment such decisions in case of increased interest there is but is not always enough , a need for some kind of justification of a decision or of a measure taken by a judge or a court bur here lies a big challenge because there is always a risk of over exposure of judges in the media that are not always ruled by the well known “public interest” or they are interpreting it as they like , so there should be a moderate approach to safe guard the protection of the judiciary in the face of this aggressive need for information by the media. On the other hand public confidence cannot always be taken for granted since judges must protect their own image and they should not take part in social activities that are not compatible with that being only able to participate in activities having to do with their main duties like participating in commissions , councils that are related to these duties , but up to some point, since that kind of participation could put a strain on the judge and distract him from his main duties.
{{Chapter III}} Internal independence
This kind of independence has been analyzed before under the title of judicial independence and the level at which it should be safeguarded. As a rule independence of the judge in the exercise of his adjudicating functions is always protected and provided by the constitution and the law.
{{Chapter IV}} Council for the judiciary
These councils play a role of supervision of the inferior courts and are consisted only of judges belonging to the highest court of every jurisdiction. For instance, only the judges of the council of the state can participate (after having been chosen for every single period through drawing lots) in such a council which is competent for all the matters having to do with disciplinary measures for the judges of the administrative justice , their promotions , their evaluation made every year for everyone of them by a member of this council and so on . It should be pointed out that such a council exerts only an “internal activity” as described before and can only consists in our system of highest grade judges being competent for the matters mentioned before.
{{Chapter V}} Independence , efficiency and resources
30,31,32 :
Efficiency of judges is always a must whenever we talk about high quality decisions that promote the belief in the judicial system and it has to do with a well informed judge “which can be realized through constant training and up to date information for the judges” and decisions taken within a reasonable time so that both criteria of good quality and reasonable quantity are satisfied. Unfortunately I should point out here that this combination looks in reality more like a wishful thinking because of the excessive amount of cases accumulated to the courts due to a big variety of reasons so that the judge has to make a constant effort and work under a lot of pressure all the time just to be always effective and quick. Then , conditions are not always ideal for the functioning of the judicial system if we consider the financial aspect that often interferes with the need for a well equipped system of judicial activity. If for instance the buildings of the courts are not appropriate the secretarial background is poor and the number of judges is not enough to face an ever increasing number of cases, then efficiency becomes a problem.
This topic has been presented already during the analysis of the previous chapter.
Alternative dispute solution
There is a system of alternative dispute solutions in the administrative courts whenever we deal with taxation matters where the individual can ask the tax office for a compromise before the case is taken to the court.
{{Chapter VI}} Status of the Judge
Selection and career
Judges in our legal system are selected after passing a difficult two faces trial with the aim to succeed with entering the school of Judges. Then there is a year and a half training period during which they decide what jurisdiction they are attracted to and after they make this choice they are placed to the analogous courts. In this selection there is no discrimination on the grounds of colour , gender , sexual orientation , religion or political opinion ,but the only requirement is that the judge to be must be a national of this country which is not discriminatory. The commission appointed to the task of selecting the judges to be consists of judges of the council of the state and the court of cassation and related university professors and has no interference with members of the executive and legislative powers.
Tenure and irremoveability
Security and irremovability of judges in our legal system are guaranteed by constitutional provisions so that in an ever changing working environment for the public servants (not to talk about the private sector of the Economy) the position of the judges and the stability of their career is protected so as to ensure the maximum safety during their decision-making process.


There is a general rule in the constitution providing that remuneration of judges as members of the judicial power must be analogous to that of the members of the other two powers. Then there is a law providing the more specific dispositions about that matter , taking into consideration the complexity of the overall working conditions together with the need to shield the judge from outside influences as much as possible.

As it has been already mentioned, training after selection for the School of Judges , is always taking place during the career of the judge, through seminars and in service training, funded by the State , in matters of judicial interest that has to be constant due to the complexity of the cases presented before the courts that pose more of a challenge for the judge .


This matter has been already analyzed when we referred to the competence of the Council for the Judiciary as this is exercising control over the working conditions of judges of the lower Courts .

{{Chapter VII}}- Duties and Responsibilities



The topics contained in this Chapter have been already analyzed during the presentation of the competence of judges and their working obligations that consist of applying the relevant rule to the case presented before them in a reasonable time margin avoiding delay tactics.

Liability and Disciplinary Proceedings

Judges here are protected from actions taken against them by individuals whenever they just interpret the law to find its true meaning and they can be considered guilty in cases of malice and gross negligence . In such an adverse case (that in judiciary praxis can rarely be encountered ) there exists a specific court for that.
On the other hand, disciplinary proceeding can take place whenever judges have been accused of not complying to the demands of their duties in an efficient and proper manner. Such proceedings are conducted there by the Council for the Administrative Judiciary that consists of judges from the Council of the State as has been mentioned before.

{{Chapter VIII }} Ethics of Judges

In order for the judges to comply with the demands of an ever expanding society of the western civilization, they must be guided in their activities by ethical principles of professional conduct. Such a compliance is based on rules contained in a code for working conditions of judges where there is a description of the ethically right conduct of the judge.
On the other hand , in reality, there does not exist a body for the judge to seek advice on ethics within the judiciary. Instead, there is only this rather non flexible code that describes the do’s and do nots for the judges but in a pre-established manner, condition that results in a lack of adjustments to the needs of today’s society.
As a conclusion, the judicial system presents many challenges in today’s society where there is an ever increasing interconnection between people often of different cultures in the same country where the notion of nation is not easily established as it used to be before, and the rules deriving from an ever expanding technology and globalization make the task of being a judge quite demanding. So let’s hope that this Recommendation can address all these needs and give the National Judge the right equipment to comply with the demands of an International Environment.