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A halt towards extended cases by the Supreme Court – Changes with the new law

The law aims to end the disgrace of cases taking 25 years to reach a final verdict - 12,000 cases remain pending - Giorgos Floridis spoke to TO VIMA: The Supreme Court needs to modernise and become efficient

Newsroom May 13 12:04

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The Greek government is pushing to create a judicial mechanism to expedite cases in administrative courts, as the Council of State faces a deadlock with nearly 12,000 pending cases. Delays in justice were cited as one of the reasons Moody’s, the largest credit rating agency, refused to upgrade Greece to an investment grade last March. With the new Floridis bill, measures such as introducing strict procedural deadlines, enhancing the role of judicial rapporteurs, limiting postponements, and prioritizing the discussion of significant cases in courtrooms are proposed. Each case will be assigned to a judge immediately after its submission, and specific timelines will be followed during the pre-trial process. Moreover, the bill aims to address obstacles such as delays caused by the failure of state entities to provide necessary documents. The reforms at the Council of State aim to modernize and expedite the adjudication process, ensuring the protection of litigants’ rights.

In an interview with ProtoThema, the Minister of Justice highlighted the need for the Supreme Administrative Court (SAC) to undergo reforms to become more efficient and modern. The SAC is facing significant delays, with cases often taking up to 18 years to be resolved. Out of 171 judges, 51 have granted between 17 and 73 adjournments, contributing to a total of 3,385 postponements in recent years. The SAC currently has 11,900 pending cases, and without intervention, it would take 3-4 years to process them. One counselor at the SAC has gained notoriety for granting a high number of adjournments, with one case seeing up to 73 deferrals over 15 years. These delay tactics are mirrored by other counselors, leading to further inefficiencies in the court system.

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The case of Theodoros Kasselakis has faced significant delays in the Supreme Administrative Court (SAC), resulting in a recent decision after 5 years of pending without resolution. Despite a judges’ conference in November 2021, it took an additional 3 years for the decision. The case has been ongoing for 20 years and is related to income tax and a valuable real estate property. The delay was partly due to its referral from a five-member to a seven-member composition within the SAC for a final judgment.

 

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