This is the biggest cut since the formation of the Greek state, said Mr. Floridis during the presentation
The Minister of Justice, Giorgos Floridis, together with the Deputy Minister of Justice, Ioannis Bougas, presented the new judicial map of the country, with Mr. Floridis characterizing a historic moment for the government, the intersection that occurs in the Judiciary since its implementation.
Specifically, Mr. Floridis said that the new judicial charter, the implementation of which starts on September 16, 2024, is the biggest change since the establishment of the Greek state, noting that after 104 years of operation, the Magistrates’ Courts are now part of the Courts of First Instance. Which, according to the minister, is expected to speed up the time it takes to issue civil and criminal decisions from the 4 years (1,482 days) required today to 2.5 years (900 days).
The bill has already been posted for consultation which will last until April 18, 2024.
“The new judicial map is the engine of reforms in the area of ​​Justice. It will give impetus and judge the efficiency of the other reform interventions, which are evolving, and which will overall contribute to a new era for the Greek Justice” emphasized Mr. Floridis and continued:
“Strengthening the rule of law, like democracy, is not an abstract scheme nor political rhetoric but the systematic and practical effort of institutional cuts, changes and interventions that, among other things, constantly upgrade the quality and speed of Justice.
The reform effort undertaken by the government for the acceleration in the field of Greek Justice is in full swing. The planning is multi-faceted and combined: Institutional changes in the Codes of Criminal, Civil and Administrative Law, completion of Digital Justice, strengthening and renewal of the building and logistical infrastructure and strengthening of the staff of judicial officers for the better operation of the courts.
With this bill of consolidation of first degree jurisdiction and the spatial restructuring of the courtsthe most influential reformist section of all is attempted as it fundamentally rationalizes the judicial system of the Greek State.
For the first time, the Judicial Charter of the country is substantially reformedhaving now unified, concentrated, qualitatively and quantitatively increased the first instance structure of judges, in a way that makes the functioning of the courts of first instance, criminal and political, Greek Justice more orderly, faster and efficient”.
For the unification of Magistrates’ Courts-Courts of First Instance
At another point, Mr. Floridis pointed out: “Today, we are uniting the first-instance judges, with the upgrading of peace judges to first-trial courts, leaving behind us their obsolete, counterproductive and unnecessary distinction. We are sending to the front line about 1,000 former justices of the peace, who, with proper training, will now be able to do all the work of the trial courts and try criminal and civil cases at the same time. Thus, with the consolidation, the “reservoir” of judges is doubled and there will now be a total of 2,100 first-instance judges, with a catalytic effect on the speed of issuing first-instance decisions”.
Bougas: The new regime that will be effective from next September
For his part, the Deputy Minister of Justice stated that the new judicial map is a cross-section in the area of ​​Justice that changes the judicial system of the country.
Also, Mr. Bougas, he referred thoroughly to the new regime that will be in effect from next September in the Judiciary.
Specifically, the Deputy Minister of Justice stated: that today, the total time for issuing a final decision in Greece 1,482 days while corresponding time in the countries of the Council of Europe (CoE) is 637 and even:
- 154 Magistrates Courts and 63 Courts of First Instance operate. 63 of the 154 Magistrates’ Courts operate in the seats of the 63 Courts of First Instance. In total there are 217 judicial formations in the first degree.
- The total of 916 justices of the peace throughout Greece only hear civil cases up to 20,000 euros, while they do not hear criminal cases at all (especially since 2019 when offenses with the Criminal Code were abolished).
- The 1,200 courts of first instance hear civil cases from 20,001 euros and above, as well as all criminal cases of the first degree.
- A Magistrate’s Court decision costs on average 760 euros, while each first instance decision costs only 380 euros. The cost is formed according to the salaries of court officials, operational costs and the time it takes to issue court decisions.
Basic axes of the bill
- Consolidation of First Degree Jurisdiction
- Configuration of Spatial Planning (Central, Parallel, Regional Headquarters, Organizational Positions, abolition of small formations)
- Transfer of managerial-administrative responsibilities of the Chief Judges to the TA.X.DI.K. (Court Buildings Financing Fund)
With the proposed consolidation of the first degree of jurisdiction:
- 56 central Courts of First Instance and 7 parallel seats are designated.
The 63 Magistrates’ Courts located at the seats of the 63 Courts of First Instance (56 Magistrates’ Courts of the central seats and 7 Magistrates’ Courts of the parallel seats) are abolished. Their buildings will be used as the premises of the Court of First Instance.
- Of the remaining 91 Magistrates’ Courts, 48 ​​are upgraded to regional Court of First Instance seats and the remaining 43 are completely abolished (they are also closed as buildings).
- There will be a doubling of First Class Judges (about 2,000 First Class Judges),
- Faster processing of cases
- Equal distribution of matter
Regarding the spatial configuration of the judicial formations, Mr. Bougas stated:
Basic rule I: One Central Court of First Instance for each Regional Unit (former prefecture)
Basic Rule II: Borders and islands for national reasons are not affected
In the Regional Units where there are 2 or 3 Courts of First Instance, the seats of the Courts of First Instance (except the central one) are converted into parallel ones with full substantive jurisdiction.
Specifically, in the Regional Units:
a) Messinias (parallel headquarters in Kyparissia)
b) Laconia (parallel headquarters in Gythio)
c) Ilias (parallel headquarters Amaliada)
d) Achaia (parallel seats Aegio and Kalavryta)
e) Etoloakarnanias (parallel headquarters in Messolonghi)
f) Boeotia (parallel seat Thebes)
In the regional Sections:
a) Evros, the Courts of First Instance of Alexandroupoli and Orestiada are maintained as they are today,
b) In Pella, the Courts of First Instance of Edessa and Giannitsa are preserved as they are today,
c) Cyclades, the Courts of First Instance of Syros and Naxos are preserved as they are today and
d) Dodecanese, the Courts of First Instance of Rhodes and Kos are maintained as they are today.
- The organic positions of Judges, Prosecutors and judicial officers of each regional unit are transferred to the Central Court of First Instance.
- All the cases are still tried in the Parallel Courts, as they are today.
- In the Regional Seats, a) all civil cases under the jurisdiction of the Single-Member Court of First Instance (Regular-Special procedure) are tried, which make up 80% of the court caseload, b) all criminal cases under the jurisdiction of the Single-Member Misdemeanor Court, provided that there is an appropriate infrastructure (mainly courtrooms).
Region of Attica (Athens and Piraeus)
In Athens, the Court of First Instance “breaks” in two. Particularly,
- The separation of the Court of First Instance of Athens (under a single administration) into Criminal, which will be housed in Evelpidon, and Civil, based in Loukareos, in the building that currently houses the Athens Magistrate’s Court and a section of the Court of First Instance, is implemented.
- In Athens, three regional Courts of First Instance with seats in Marousi, Koropi and Peristeri will operate from 16/9/2024 with full jurisdiction from 01/01/2026. Until then, they will function as regional seats of First Instance Courts with the substantive jurisdiction of the former Magistrates’ Courts (20,000 euros). Accordingly, two regional Courts of First Instance will operate in Piraeus, with headquarters in Kallithea and Megara.
Yearbook
- Creation of a parallel special yearbook where the justices of the peace – now judges of the first degree – progress up to the rank of president of First Instance.
- The special yearbook foresees, upon his application, the transfer of a judge (former justice of the peace) at the end of the general yearbook after the establishment of specific criteria, evaluation and decision of the Supreme Judicial Council.
- Salary-wise, all receive the same salary as their colleagues on the general yearbook, depending on years of service in the judiciary.
- The direction of peacekeepers at the National School of Judges is abolished and from now on exams will be announced exclusively for First Court applicants.
- All justices of the peace will be trained at the National School of Judicial Officers-ESDI (especially in matters of criminal law), in order to be ready for their new duties.
As to the duties of the superior courts
- The duties of the head of a Court are divided into official-judicial (assignment of services to judges, secretaries, disciplinary etc.) and administrative-administrative (maintenance of buildings, supplies, etc.)
- The release of supervisors from their administrative duties and their exclusive involvement with official-jurisdictional
- Administrative-administrative tasks are undertaken by TACHDIK in each Appellate district, always under the supervision of the Board of Directors of each judicial formation.
Results
- Equal distribution of the material of the First Degree: the phenomenon where 50% of the judges undertake 80% of the material will stop.
- The inconsistency of the two jurisdictions in the First Degree is regulated
- Creation of productive and efficient Courts, with a number of serving judges greater than 15.
- Justice more accessible to the citizen, at a lower cost to him.
- Significant reduction in the time of issuing decisions in the 1st Degree
- Saving resources (combined with spatial planning).
- Improving the ratio of judicial officers to first grade judges.
- The productivity of (former) justices of the peace and magistrates – now judges of the first instance – will increase up to 17%.
- The clearance rate of the Courts of First Instance (the ratio of processed to incoming cases of each first instance judge) is expected to increase up to 24%.
- The combined application of the Judicial Charter and the recently passed Law 5095/2024 for the strengthening of the case law, is expected to reduce the time for issuing a final decision, from 1482 days, to 900.
Source: Skai
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