The Board of Directors of the Athens Bar Association decided on universal abstinence on September 16 in protest against the new Judicial Charter.
In its decision, the DSA states that it was “unanimously decided to carry out protest rally and information about the “new” judicial map at the former Athens Magistrates’ Court on Monday, 16/09/2024, at 09:30.
The announcement
In detail, the statement issued by the DSA states: “The DSA Board during its meeting on 9-9-2024 resolved as follows:
A. The ratification of the decision of the Plenary of the Presidents of the Bar Associations of the Country for the implementation of universal abstinence on Monday 16-9-2024, taking into account the hasty and harsh attempt to implement the new judicial charter by the Ministry of Justice from 16-9-2024 without having previously resolved vital problems created by the implementation of the new system, since to date, one week before the start of the judicial year:
- the relevant changes to the Code of Civil and Criminal Procedure were not approved,
- the invoices for the advance collection of legal fees for the new procedures and Courts were not determined, after the implementation of the new system,
- there is no personalized information process by calling the parties from their homes about the new locations, days and times of the political processes already determined in the extinct Magistrates’ Courts and the information process through the Solon system (in the First Instance Courts of phase 1 of the OSDPP) remains incomplete,
- the possibility of regulating all issues created by the new judicial charter by the Plenary Sessions of the judicial formations is not provided for in the law
- no rooms were created in the premises of the former Athens Magistrates’ Court and the Athens Court of Appeal to hear cases and keep the register,
- the issues arising from the abolition of the Magistrates’ Courts and the unification of the first instance of jurisdiction have not been resolved, which is why there is a risk of legal certainty, summary judgments and loss of procedural and substantive rights and leading to incredible suffering for employees and co-employees of justice, judicial officials and citizens – parties.
B. It was unanimously decided to hold a protest and information gathering on the “new” judicial map at the former Athens Magistrates’ Court on Monday, 16/09/2024, at 09:30.
C. It was unanimously decided to hold an information event on the new Judicial Charter, live (in the DSA event hall) with simultaneous webcast, on Thursday, 12/09/2024, at 3:00 pm.
D. The proposal to call a General Meeting on 16-9-2024, for all matters concerning the sector (taxes, judicial letter, etc.) was not voted on.
FRAMEWORK OF CATHOLIC ABSTINENCE
Universal abstinence concerns all judicial and extrajudicial actions, including the drafting and signing of all types of private agreements, and also:
- abstention of lawyers from the trial of all types of cases
- abstention of lawyers from filing procedural documents and performing any type of procedural act
- abstention of lawyers from representation in administrative commissions and services (EFKA Local Administrative Commissions, Labour Inspectors, Disciplinary Boards, Dispute Resolution Directorate, Mediation and Arbitration Organization, EADISY, etc.),
- refrain from registering registrable titles in the Real Estate Registry (e.g. pre-annotations, lawsuits, procedure of article 6, § 4 of Law 2.664/1998, etc.),
- refrain from presenting documents proving the granting – renewal of residence permits through the online platform of the Plenary Portal.
Licenses will be granted exclusively for:
- In cases of prescription and amortization periods, including procedural ones, in civil, criminal and administrative proceedings before the Courts, in cases of expiry of the deadlines for filing appeals before the Administrative Authorities, as well as in cases of deadlines of the Immigration Code (expiration of residence permits, entry visas, etc.).
- In criminal proceedings, in misdemeanors he completed 6 (six) years in the first degree and 7 (seven) years in the second degree and in crimes he completed 15 (fifteen) years in the first degree and 18 (eighteen) years in the second degree.
- In second-degree criminal trials with a prisoner, as a result of a first-instance conviction. – In cases of temporary detainees, with a view to implementing temporary imprisonment. Completed ten months in the case of twelve months and fifteen months in the case of eighteen months.
- In Suspensions and Suspensions against auctions
- In Challenges, before the Administrative Courts, only when there is imminent immediate deportation of a foreigner.
- In the awarding of provisional measures in cases of manifest and high urgency.
- In statements, only if there is a risk of a deadline.
- In a Mandatory Initial Mediation Session (YAS):
- for cases in which a request has already been submitted to the Ombudsman,
- for cases of new tactics where there is a question of deadline for submitting proposals and
- for family disputes where discussion is imminent. It is expressly clarified that during Catholic abstinence:
- There will be no presentation of petitions and appeals.
- Licenses will not be granted:
- For security measures,
- For suspension applications and
- For singles and companions.
- The execution of warrants and decisions and seizures in the hands of third parties will not be carried out.
- Abstinence also covers consensual divorces. No license required:
- To file motions and add a rebuttal to the regular process,
- To submit proposals and discuss minor disputes
- For submission of addenda/rebuttals, notes, memoranda, etc., in cases that have been discussed and the deadline expires during the abstention and
- To revoke a pre-mortgage note
Regarding postponements:
For the convenience of colleagues, it is permitted to appear in court to present a request for postponement, with the obligation
- in case of non-appearance of the opposing party
- inform the absent colleague of the date of the new trial without delay and by any appropriate means.
When there is a criminal court session due to postponement, a new postponement will be requested to discuss the case.”
Regarding representation statements in Civil and Administrative Courts:
Representation statements submitted up until priority are not submitted, or are revoked, as they are equivalent to representation by a lawyer at the hearing of the case.”