Understanding the intricacies of the Greek legal system is crucial, especially when awaiting important court decisions. While delays can be a source of concern, it’s important to recognize the systemic issues and ongoing efforts to address them.
Introduction
The judiciary is the third constitutional power and a pillar of democracy. Ideally, it should be a top priority for any well-governed state, ensuring that justice is served promptly and efficiently. However, in Greece, the justice system faces significant challenges, particularly concerning the prolonged delays in issuing court judgments. These delays not only hinder the legal process but also affect individuals and businesses awaiting resolutions, including those involved in sensitive matters like surrogacy arrangements.
The Extent of Judicial Delays in Greece
Delays in the Greek judicial system are a long-standing issue. According to relevant studies, the backlog and average waiting times are staggering:
- Council of State (Supreme Administrative Court): Approximately 28,000 pending cases with an average adjudication time of five years.
- Administrative Courts of Appeal: Over 60,000 pending cases with an average adjudication time of three and a half years.
- Administrative Courts of First Instance: More than 376,000 pending cases with an average adjudication time of five years.
- Court of Audit: Over 30,000 pending cases with an average adjudication time of three years.
- Supreme Court (Areios Pagos): Nearly 2,700 pending cases with an average adjudication time of one year.
- Civil Courts of Appeal: Over 36,000 pending cases with an average adjudication time of three years.
- Courts of First Instance: Over 255,000 pending cases with an average adjudication time of three years for civil cases and four years for criminal cases.
- County Courts: More than 500,000 pending cases with an average adjudication time of three years, expected to increase due to rising volumes.
These delays have led to Greece being condemned by the European Court of Human Rights in more than 360 cases since 1997 for excessive delays in the administration of justice across all court types.
Legal Framework Governing Judicial Delays
Several legal provisions in Greek law aim to prevent such delays:
- Code of Civil Procedure (Greek Civil Procedural Law) Article 307:
- Judges are expected to issue decisions within eight months from the date of the hearing.
- If the eight-month period is exceeded without justification, the case may be reassigned, and the judge may face disciplinary action.
- Article 91 of the Code on the Organization of Courts and the Status of Judicial Officers
- Constitutes a disciplinary offense for unjustified delays exceeding six months.
- Specifies that delays leading to cases being reassigned after eight months are considered unjustified.
- Challenges in Implementation
Despite these legal frameworks, delays persist due to several factors:
- Non-Compliance with Legal Deadlines: Judges often exceed the prescribed time limits without facing consequences, leading to cases where decisions on urgent matters take years.
- Ineffective Disciplinary Measures: The mechanisms for enforcing timely judgments are not effectively applied. Judges who delay decisions may still receive benefits like the “rapid processing allowance” (επίδομα ταχείας διεκπεραίωσης) without fulfilling the criteria.
- Administrative Shortcomings: Court administrations may fail to reassign delayed cases promptly or enforce disciplinary actions against judges who delay.
Impact on Litigants and Legal Professionals
The prolonged delays have significant repercussions:
- Erosion of Trust: Litigants lose faith in the legal system due to the extended time to reach a resolution.
- Financial and Emotional Strain: Individuals awaiting decisions on matters like child support, employment disputes, or personal injury claims face prolonged uncertainty and potential financial hardship.
- Professional Challenges for Lawyers: Legal professionals bear the brunt of client dissatisfaction and must navigate the complexities of delayed proceedings.
Reassurance for Surrogacy Applicants
For individuals engaged in surrogacy arrangements in Greece, it’s important to understand:
- Legal Protections Are in Place: Despite delays, the legal framework ensures that your rights and interests are protected.
- Dedicated Legal Support: Agencies and legal professionals are experienced in navigating the system and will guide you through each step.
- Ongoing Reforms: There is a concerted effort within Greece to address these systemic issues, which may lead to improved efficiency in the near future.
Conclusion
The delays in the Greek judicial system are a complex issue rooted in both legal and administrative challenges. While the existing legal framework provides mechanisms to prevent and address delays, effective implementation remains a hurdle. Understanding these challenges can help manage expectations and reinforce trust in the process. Rest assured, dedicated professionals are working diligently to advocate for timely justice and support you throughout your legal journey.
How We Can Help
At Amoiridis Law Services®, we understand the complexities of the visa and permit process, and our dedicated team is here to provide guidance and support, ensuring your experience in Greece is smooth and hassle-free. For further information and personalized assistance tailored to your needs and profile, contact our legal team.
For any further information and clarifications please do not hesitate to contact our qualified legal team, ready to provide you with further personalized information tailored to your needs and your profile.
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Athens, October 2024
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