What triggered the feud between them – Lawyers propose abstaining from the SC trials until December 31
By Elena Galari
The confrontation that has broken out between him intensifies legal world and his Council of Statewith the coordinating committee of lawyers proposing to abstain from the SC trials until December 31.
The legal term “people’s action” mentioned in decisions of the plenary session of the Council of Ministers which ruled that the DSA has no legal interest to request the annulment of the decisions of the Minister of Justice on the appointment of the vice president, deputy vice president, two regular and two substitute members of the Security Authority Privacy of Communications (ADEA) and on the one hand to request the annulment of the decisions of the deputy minister to the Prime Minister on the appointment of the president, vice president and 6 members of the National Radio and Television Council (ESR), triggered the conflict between them .
The response of the president of the Council of State was immediate Michael Pikramenou, who in his letter to the president of the plenary session of the country’s bar associations Dimitris Verveso states:
“The right to criticize judicial decisions is self-evident, especially when it comes from an institutional body of co-functionaries of justice, such as the Plenary Assembly of the Presidents of Bar Associations, just as it is also self-evident the right of the aforementioned body to decide the course of action for the claim of his requests…. The CoE has launched a great effort, maintaining the quality of its decisions, to reduce the backlog and deal with the problem of delay” says Mr. Pikramenos and concludes in his letter:
“Lawyers, as co-workers of justice, who have a responsibility towards the parties, the citizens and the society as a whole, must be helpful in the great effort for timely resolution of disputes.
In this context, it is desirable not to prejudge reactions, such as abstention, especially from cases of major importance. Abstention which is not only not understood in a Rule of Law to be linked to the justification of a judicial judgment (which is of course subject to even severe criticism), but, most importantly, contributes to the inefficiency of the administration of justice, with extremely unfavorable consequences for the parties and more broadly for social peace and harmony”.
The coordinating committee of the Plenary of the presidents of the Bar Associations of Greece proposed, among others, to the 64 Bar Associations of the country:
- the abstention of their members from trials before the Plenary Session of the CoE until 31.12.2024,
- Investigating the possibility of an appeal before the European Court of Human Rights and
- Raising the issue to the Council of European Bar Associations (CCBE).
The coordinating committee pointed out that the opinion of the majority of the Plenary Session of the CoE that “the request for annulment, directed against individual administrative acts, assumes the character of a “people’s lawsuit”, which has not been established by the Constitution and the relevant legislation, is a setback in the history of the same Court and violates an express provision of the law”, adding that apparently our opposition to the recent legislative amendments to the CoE procedure has also disturbed us”.
Source: Skai
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