(A) Having taken into account the decision dated 20-4-2024 of the Plenary Session of the Presidents of the Bar Associations of the Country, according to which:
The effective exercise of citizens’ right to judicial protection and the correct and speedy administration of Justice are the main characteristics of the Rule of Law and a key priority for the legal profession.
The Plenary considers that the unification of the first degree of jurisdiction can contribute to the direction of speeding up the administration of Justice, under the necessary condition of the expansion of electronic justice, the appropriate training of peace officers and the existence of the necessary logistical infrastructure.
However, the other promoted regulations regarding the reorganization of the judicial map do not lead to the acceleration of Justice. Without the previous digitization of the Justice, without the creation of the necessary logistical infrastructure and without the recruitment of the necessary number of court employees, it is not possible to accelerate the intended purpose and the modernization of the Justice. In this area the Government has not shown any progress.
It is obvious that, under the terms that the re-arrangement of the country’s judicial map is being promoted, the only need it satisfies is the country’s compliance with the Recovery Fund’s mandates for the disbursement of the relevant resources – which, it should be noted, will not be directed to the needs to cover the deficiencies logistical infrastructure of the Greek Judiciary.
The Plenary reiterates its firm position to maintain all the Courts of First Instance of the Country as they are today and expresses its strong opposition to the proposed arrangements for the operation of the “Parallel Courts of First Instance”, pointing out that, in addition to the downgrading of the specific judicial formations, in combination with the operation of the Regional Courts of First Instance, major problems are created in the process of awarding Justice, especially in terms of the operation of the prosecutor’s office (provision of organic positions of prosecutors) and the exercise of remedies. The Courts of First Instance of Messolonghi, Aigio, Amaliada, Gythei, Thebes, Kalavryta and Kyparissia must remain as they are.
The Plenary also expresses its strong opposition to the attempted division of the Courts of First Instance of Athens and Piraeus with the creation of six (6) Regional Courts of First Instance in Attica (in addition to the existing Courts of First Instance of Athens and Piraeus), with the competence of a Single-Member Court of First Instance, in place of the abolished Magistrates’ Courts, a fact which creates particular difficulties up to the objective impossibility of practicing the legal profession, especially for young lawyers and lawyers who do not have the possibility of employing partners.
(B) Decided, by a majority, on the universal abstention of colleagues from their duties, on Wednesday 4-24-2024 (strike day for the Judicial Charter and for the Federation of Judicial Employees of Greece), Thursday 4-25-2024 (day hearing of the Agencies in the Parliament) and M. Tuesday 30-4-2024 (day of the passing of the draft law in the Parliament), with the following context:
Licenses will be granted exclusively to:
– In cases of statutes of limitations and amortization periods, administrative cases before the Courts, in cases of expiry of the deadlines for filing appeals before the Administrative Authorities, as well as in cases of Immigration Code deadlines (expiry of residence permits, entry visas, 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 against auctions when the auction is imminent.
– In Objections, before Administrative Courts, only when immediate deportation of a foreigner is imminent and it is proven by documents.
– 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 mediation session (YAS):
i) for the cases in which a request has already been submitted to the Ombudsman and
ii) for the cases of the new procedure where there is a question of a deadline for submitting proposals.
It is expressly specified that during the abstinence:
– There will be no filings of pleadings of remedies and aids, except for injunctive measures when a request for the granting of a temporary injunction is piled up in obviously and extremely urgent cases.
– Permits will not be granted:
a) For applications for suspension and
b) 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 the submission of proposals and the discussion of small disputes and
c) For the filing of an addition/rebuttal, note, memorandum, etc., in cases that have been discussed and the deadline expires during the abstention.
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 event 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 an adjournment of a criminal court, a new adjournment will be requested to discuss the case.
