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Legal Council of the Hellenic State

Posted 5. November 2022 by Logistik-Express in Allgemein

The administrative competence of the Council, as one of the three main organs of public administration (the other two being the Audit Chamber and the Hellenic Legal Council), is governed by Article 95 of the Constitution of 1974/1985/2001 and consists in drawing up all decrees, i.e. all decrees containing impersonal legislation (or concerning a particular person). This preparation is entrusted to the Fifth Chamber (B`) of the Council, which in these cases is composed of three or five members. The Chamber may, at its discretion, refer the matter to the plenary assembly of nine members. Referral is mandatory for the Chamber when assessing the constitutionality of the legislation relating to the decree (Article 100 of the Constitution after the 2001 amendment). In accordance with the case law of the French Council of State, the Council refuses to examine the legality of certain administrative acts known as “governmental acts”. The Council comprises this limited category: the Council is headed by its President, who is elected by the Greek Cabinet from among the members of the Council for a four-year term. The Court is composed of the Presidium (the President and seven Vice-Presidents), 42 Privy Councillors, 48 Associate Judges and 50 Rapporteurs, all graduates of the National School of the Judiciary. Recent amendments include revisions and additions to the articles providing for retroactivity of criminal law (article 2), types of offences (article 18), questions of attribution (articles 26-28), questions of trial (article 43), questions of criminal association (article 45), questions of contribution (article 47), calculation of penalties and penalties (articles 79-104B and articles 105-110). Crimes against the State (Articles 134 to 137 bis), criminal organisations (Article 187), acts of terrorism (Article 187 bis), bribery of officials and judges (Articles 235 to 237), dangerous driving (Article 290 bis) and theft (Article 372). The Council is the head of the system of administrative jurisdiction and constitutes the Supreme Administrative Court. The Council has before it the following legal remedies: In Greece, the courts are divided into administrative, civil and criminal courts. Disputes of an administrative nature are dealt with by the Council of State (Simboulio tis Epikratias or STE) and the ordinary administrative courts (courts of first instance and courts of appeal).

Disputes of a civil nature and voluntary jurisdiction fall within the jurisdiction of the civil courts. The punishment of criminal offences and the adoption of all measures provided for in criminal law fall within the competence of the criminal courts. The Court of Cassation or Supreme Court of Civil and Criminal Law (Areios Pagos) is the supreme court of civil and criminal law. This is the highest degree of judicial redress and only considers legal and non-factual issues. Greece has concluded bilateral agreements on mutual legal assistance with Germany (11 May 1938), the Czech Republic and Slovakia (22 October 1980) and Cyprus (5 March 1984). The drafting of decrees by the Council is limited to the legality lato sensu (and constitutionality of the relevant legislation) of the decrees, while the respective review by the French Council of State is limited to the content of the context of the decree established. Divergent channels (bilateral or multilateral agreements or national law authorizing other transmission channels) (art. 11, 19, 24 and 25) Law 4446/2016, also known as the Insolvency Code, laws on administrative procedures, court fees, voluntary disclosure of taxable information from previous years, electronic transactions, amendments to Law 4270/2014 and other provisions. Greece stated that formal service would only take place if the document to be served was in Greek. The most significant change was in 2015, which amended more than 350 articles of the Code of Civil Procedure. Other important reforms were introduced by Law 4512/2018 (mainly with regard to the provisions relating to the enforcement of judgments) and Law 4727/2020 (on Digital Governance). Since January 2015, two parliamentary elections have been held, interrupted by a month-long transitional government (August-September 2015).

Sy. RICE.A. (Coalition of the Radical Left), the party that won both elections, held a national referendum on July 5, 2015 to decide whether Greece should accept bailout conditions proposed by the European Commission, the International Monetary Fund and the European Central Bank. The result of the referendum was contrary to the rescue conditions. The Greek vote did not accept the conditions. However, the referendum appeared to have been consultative and not decisive, and so the Greek government continued negotiations with the Troika. In Greece, the Council of State (Greek: Συμβούλιο της Επικρατείας) is the supreme administrative court of Greece. Another important code is the Access to Official Documents Code (adopted in 2015 and revised in 2019). It is important to note that corporate legislation has changed recently.

Law 4548/2018 (as last amended by Law 4714/2020) introduced significant changes and repealed almost all provisions of the previous Law 2190/1920. Law 3604/2007 and Laws 3884/2010 and 4072/2012 had previously amended the Companies Act of 2190/1920. The objective of the first two laws was to codify recent changes in company law and to incorporate the amendments introduced by Directive 2006/68/EC. In particular, Law 4072/2012 (amended by Law 4712/2020) amended the rules on “personal companies” and introduced the European private company (Societas Privata Europaea). Another more recent addition has been the General Register of Commerce (Geniko Emporiko Mitroo), the aim of which is to unify and expedite procedures relating to the incorporation, change of form of companies and dissolution of companies. Finally, Law 4601/2019 was introduced to regulate business transformations and restructurings. Maria Panezi has been an Assistant Professor at UNB Law since August 2019. She received her LLB from the University of Athens in 2005 and her LL.M. from NYU Law in 2006; She was admitted to the Athens Bar in 2007. She received her Ph.D. from Osgoode Hall Law School, during which time she also served as an associate professor and teaching assistant at Osgoode Hall and a visiting scholar at Harvard Law School.

She received her PhD in 2015 and became a fellow at the Centre for International Governance Innovation. She was also Director of the Summer Institute of Law at the Balsillie School of International Affairs (2019). Maria`s research focuses on international trade regulation and various aspects of inclusive trade and the SDGs. Specifically, she has written on issues related to the WTO and national climate change strategies; Trade and gender equality as well as government procurement and Indigenous exceptions in trade agreements. His teaching interests include contract law, law, international trade law, international law, globalization and law. [1] Greece has not acceded to the Hague Conventions of 1905 and 1954 and has therefore not concluded additional agreements with other Contracting States. Law 4356/2015 introduced same-sex cohabitation agreements (civil partnership agreements). The provisions of the Civil Code relating to marriage between two persons of different sexes now also apply to same-sex couples who have concluded a same-sex cohabitation agreement. Administrative procedure: In administrative proceedings, the most important legal provisions are the Code of Administrative Procedure, which concerns administrative courts, and the Presidential Decree regulating the functioning of the Council of State. Thanks to a complex system of allocation of issues, disputes are brought either by the administrative courts (courts of first instance or courts of appeal) or by the Council of State.

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