Provision for the extension of the work of lawyers (checking the legality of applications for registration in the cadastral records and legal support of traders) “in order to decongest and assist the cadastral offices and mortgage offices in their work”, is included in amendment of Ministry of Justicetabled in the draft law on the Single Public Procurement Authority, which is introduced for discussion and vote in plenary session of Parliament next Tuesday, March 15, 2022.
In short, the amendment includes the following provisions: Amendments to the Code of Civil Procedure, Interpretive provision for the competent notaries for the conduct of the auction, Lawyer’s work – Mortgage Offices and cadastral offices, General supervision of the Territorial Courts, Identity card – False solemn declaration, Procedure for imposing and collecting the fine due to non-attendance at the mandatory initial mediation session, Conducting a competition for candidates A ‘and B’ examination period 2022, and Ministry of building security contracts.
In detail, with the proposed amendment, the following settings are introduced:
1.a. Provisions of the Code of Civil Procedure (p.d.503’1985) are amended regarding the provisions applied in the procedure of the appellate and the appellate trial.
b. Paragraph 6 of article 998 of the Code of Civil Procedure (repealed from January 1, 2022 with article 119 par. of the confiscated property, at a price set by the court, at the request of the debtor and during the prescribed procedure.
2. An interpretative provision is introduced regarding the notaries responsible for conducting auctions, regarding the properties located within the Attica Region (articles 959 and 998 of the Code of Civil Procedure).
3.a.The work of lawyers is redefined / expanded [άρθρο 36 του Κώδικα Δικηγόρων (ν.4194/2013)], which includes, inter alia, the verification of the legality of each application and the accompanying supporting documents for the registration in the cadastral deeds as well as the legal support of traders in transactions with all mortgage offices (unpaid, paid, leased) and real estate and under the responsibility of the Ministry of Justice, until the establishment of these legal departments. (According to the current law, the work of lawyers, in terms of the above, is limited to the mortgage offices and cadastral offices that fall under the jurisdiction of the body “HELLENIC CADASTRY”.)
The aforementioned services are provided to the body “HELLENIC Cadastre” and through it to the mortgage offices or cadastral offices under the responsibility of the Ministry of Justice under a program contract of this body and the relevant bar association, by which, among other things, the manner of selection of lawyers and the determination of their remuneration by this Body.
Furthermore, a program contract is signed between the body “HELLENIC Cadastre” and the Ministry of Justice that will determine the details and terms of cooperation between them.
b. Program contracts that have already been signed with the relevant bar associations continue to apply and their scope extends to all services and to all the above mentioned mortgage offices and cadastral offices.
4. The preparation of the Internal Service Regulation of the General Committee of the Territory of the Ordinary Administrative Courts is foreseen (article 28 of law 1756/1988), which regulates issues of internal organization and operation of its services, according to the more specifically defined ones.
5. Issues related to the adjudication of pending cases of settlement of debts of over-indebted natural persons (law 3869/2010) are regulated and specifically, in derogation of the existing provisions, are provided:
a. the distribution, by the chairman of the Three-Member Board of Directors or the competent Judge, of the services of all the justices of the peace and the criminal courts for the adjudication of a percentage of the above cases pending in the same appellate district, proportional to the number of pending applications,
b. the submission of the probationary 4th degree magistrates, who will be appointed within the year 2022, for two (2) months, from their appointment to a special exercise in the Athens Magistrates’ Court and will be employed exclusively for the adjudication of the above pending cases.
6.a. The amount (more than 120,000 euros) of the property benefit of the same or a third party is redefined, which carries a sentence of ten years imprisonment, to anyone who declares in a written responsible statement false facts or denies or conceals true.
b. The authorization is given for the determination, by JMC, of the procedure of imputation and collection of the fine imposed by the court in the place that did not come, while it was summoned, in the obligatory initial mediation session in civil and commercial cases, which (procedure) concerns and the already imposed penalties (article 7 of law 4640/2019).
7. It is possible to conduct, exceptionally, the competition of candidates for lawyers A ‘and B’ examination period 2022 either orally or in writing as well as remotely, through a digital platform or other internet application, according to the provided procedure and under the defined conditions . (According to the current rules, this competition is conducted only by written examination.)
8.a. It is possible to extend, from their expiration until 30.6.2022, the contracts of the security services of the buildings under the jurisdiction of the Ministry of Justice that were concluded in the context of dealing with the coronavirus pandemic (article twenty-six from 14.3.2020 P.N.P. / article 3 of law 4682/20120).
b. It is also possible to conclude, for the same period, new security service contracts of the above buildings under the same conditions.
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