“A series of recent ECtHR decisions are, indeed, a fundamental for our country and our judicial system. Unfortunately, however, these decisions not only illuminate a transient disagreement in one other unacceptable system, but reminds us that the Greek state and the Greek judicial system are largely a “disagreement” in relation to European legal culture.“

This was characterized by the Chairman of the Bar Associations of Greece, Dimitris Vervesos, informing the committee responsible for the House, which met on “Modern challenges for the state and justice in the light of recent convictions of the European Court of Justice of Human Rights“

As Mr Vervesos said, according to figures released in 2023, “out of the 1,082 decisions of Greek interest issued by the ECtHR, 969 find a violation of fundamental rights, while the most crowded category among convichers are unjustified delay in delayed delay in delay in delayed delay in Awarding justice, which violate the right to fair trial.

In particular, on the subject of slowly awarding justicepointed out that ‘tThe ECtHR with pilot decisions considered that long delays in proceedings before civil, criminal and administrative courts are not only a violation of the right to a fair trial within a reasonable deadline and the right to substantial repair, but also reveal the existence of a serious problem. character“

Citing data from the Council of Europe and the Court of First Instance of Athens, he noted that “the comparison of the time of handling of civil and criminal cases in our country in relation to the median price of the Council of Europe is disappointing”.

Indicatively stated that:

For civil affairs the time is:

  • Grade 1: 746 days with a median Council price of Europe at 239.
  • Grade 2: 422 days with a median Council price of Europe in 200 days.

For criminal cases:

  • Grade 1: 223 days with a median Council price of Europe in 133 days.
  • Grade 2: 294 days with a median Council price of Europe in 110 days.

As far as the Supreme Court is concerned, time in Greece is 304 days with a median Council price of 101 days.

About the same levels is the time for administrative cases where the Supreme Court is 1239 days when the median council price of Europe is 234 days.

Critically described it as the volume of new cases increases or decreases, stressing that “the details of the Athens Court of First Instance are revealing”.

“In 2010, 224,391 cases entered the judicial system of the Athens Court of First Instance, and in 2023, 102,285 cases, namely a reduction in the number of inbox by 54.5%. From the incoming cases in 2020, 82,316 involved mortgages (registrations, eliminations), ie 36.7% of the total incoming, while in 2023 this figure was 25% (25,516).

This means that the number of cases of diagnostic proceedings, which required the issuance of a reasoned court ruling was 142,075 (63.3%) while in 2023 76,769 (75%), “he said and added:

“So it turns out that for the delays in the administration of justice, neither the postponements requested by lawyers, nor the overcrowding of lawyers, who allegedly creates a multitude of new, cases, who enter the judicial system, nor the multi -page junior, delay judges during reading.

Justice is not only slow, it is both class and toxic.

On the basis of the available data from the Ministry of Justice, it is clear that the rate of awards is negative in cases concerning the vast majority of citizens in regular justice, such as labor differences.

On the contrary, cases, which are primarily concerned with economically powerful aggregations, such as banks (payment orders, bankruptcies), are issued more decisions in relation to incoming cases and therefore acceleration is observed.

However, when justice is awarded with excessive delay or awarded at a different rate for the strong and at a different rate for the weak, the security of law is shaken and social peace and prosperity is tested. “

Mr Vervesos also emphasized that “in 2023 the number of decisions issued to 56,860, down 57.4% of which 9,388 were on prostitute cases and 9,472 on payment order cases, ie a total of 18,860”.

The President of the Bar Associations of Greeceacknowledged that “positive measures have been taken to accelerate justice, such as the transfer of courts to lawyers, resulting in lawyers from June to December 2024.19.773 mortgage decisions, 2,001 inheritances, 1,276 cases of associations and associations and associations. 166.423 affidavits by significantly lightening the volume of judicial cases. “

Referring to the number of judges in Greece, he said that our country is the 3rd highest in Europe, noting that “The question is not the proportion of judges, but the ratio of the number of judicial cases per judge“

He still spoke ‘For a second major issue raised by the recent jurisprudence of the ECtHR and concerns the unjustified formalism of our Supreme Courts, condemning the country’s Supreme Courts over time and resulting in the disproportionate rigor of the country’s Supreme Courts, indicating the incompatibility of the right to appeal to justice“

“The message of any conviction of the ECtHR is the same: the priority must be given to the protection of substantive rights rather than the types. Unfortunately, as evidenced by the recent Strasbourg decisions, the Supreme Courts are persistently proved “bad apprentices“, someone might also say” learners of learning, “he said.

Emphasis gave ‘The CoE’s problematic attitude towards the state’s imposed responsibility for the wrong judicial judgment, with the ECtHR finding a deficit of the State in the event of a misconception of judicial judgment“

“The ECtHR condemned Greece for excessive formalism of the Council of State due to the case -law approach followed by the Supreme Administrative Court in the rejection of appeal as inadmissible.

The CoE, which has sought to accelerate the case before it with the restrictions of Law 3900/2010 remains rather the shortest administrative court in Europe, with 1239 days of delay for the decision to issue a 234 -day, which is its median price Council of Europe. Indeed, in the last twelve years, it has consistently issued less and less decisions: from 10,250 decisions in 2012, published only 3,386 decisions in 2023 and even less (2,604) for 2024, according to data until 17.12.2024, “Mr. Vervesos said. and added:

“Instead of ‘ostrich’, dealing with the pages of the documents and the speech times, we must focus on the real causes of the problem of delays, and each one to take on the share of responsibility.

The only measure that was fruitful about accelerating justice was the transfer of lawyers to lawyers. According to statistics, the total case of the lawsuits were made from 1/6/2024 to 31.12.2024 nationwide to 25.811.

Also nationwide, 83,980 affidavits were taken by 8110 lawyers, thus lifting the burden of the presidents of the Court of Justice who were responsible for obtaining affidavits. “

“It is time for the legislator to clarify that the deadlines for determining the cases and the issuance of judicial decisions cannot be treated as indicative, as a wish list, but their overcoming must have consequences. It is not possible for some socially sensitive assumptions to be identified in 2033, thereby becoming a letter of vacuum that imposes a mandatory determination within 60 days, and not to be moved, nor can we wait for a year sometimes, interim decisions, And to treat this as normal, “Mr. Vervesos underlined and continued:

“We have to focus on the real causes of deceleration, which is on the one hand, the maladjustment, which is a real” engine “of differences, and on the other hand the reckless exercise – often unfounded – of remedies and means by the State itself and the State itself. Legal Entities of Public Law ».

“The question of the right and rapid administration of justice is primarily a matter of democracy. We, the Bar, who are the voice of the citizen in front of the Leviathan, have a duty to put the finger on the type of nails. This is what we do and will continue to do, with specific interventions and suggestions to address the pathogens we are experiencing, “Mr Vervesos concluded.