By Anagnostakis Law Team
The European Commission’s 2024 Rule of Law Report, particularly its country chapter on Greece, provides a comprehensive overview of recent developments and persistent challenges in the Greek justice system. This annual assessment offers valuable insights into the progress made and areas still requiring attention in Greece’s efforts to strengthen its judicial framework.
According to the report, the Greek justice system has seen several significant developments over the past year, aimed at addressing longstanding issues of efficiency, independence, and quality. These reforms, many of which are part of commitments made under the Recovery and Resilience Plan, demonstrate Greece’s efforts to align with European standards and improve its judicial processes. However, despite these initiatives, the Rule of Law Report highlights that serious challenges persist, continuing to impact the overall functioning of the judicial system.
Judicial Independence and Appointments
A notable positive development is the adoption of legislation to involve the judiciary in appointments to the highest judicial positions. This reform, which fully implements previous recommendations, allows for the administrative plenaries of the three highest courts to provide non-binding opinions on candidates for court presidencies and vice-presidencies. While this marks a step towards aligning with European standards on judicial appointments, some stakeholders argue that more comprehensive constitutional reforms may be needed to further strengthen judicial independence.
Efficiency and Case Backlogs
Serious concerns remain regarding the length of proceedings, particularly in civil courts and the Council of State. The disposition time for civil and commercial cases at first instance has further deteriorated to 746 days in 2022, among the longest in the EU. While some improvement has been seen in administrative courts, with disposition time decreasing to 464 days, the Council of State still faces significant delays with an average of 1,239 days per case.
Several initiatives have been introduced to address these issues:
- Transfer of non-litigious cases: Certain non-contentious matters, such as mortgage pre-notations and inheritance acts, will now be handled by lawyers rather than courts.
- Criminal procedure reforms: Changes aim to accelerate proceedings by eliminating pre-trial judicial council procedures for some offenses and limiting adjournments.
- Administrative justice reforms: A new preliminary procedure for the Council of State seeks to expedite case processing.
While these measures show promise, their effectiveness remains to be seen. Some legal professionals express concern that eliminating certain pre-trial procedures may paradoxically increase caseloads and further lengthen proceedings.
Digitalization and Quality Improvements
Efforts to increase digitalization continue, with progress noted in criminal proceedings and administrative justice. However, shortcomings persist in the availability of digital tools and secure electronic communication channels for courts. The implementation of projects under the Recovery and Resilience Plan is expected to address some of these issues.
The establishment of a new judicial map for civil and criminal courts represents a major reform aimed at balancing caseloads and improving efficiency. This restructuring, while controversial among some stakeholders, is seen by the judiciary as a necessary step to enhance the quality and efficiency of the justice system.
Ongoing Challenges
Despite these reforms, several critical issues continue to impact the Greek justice system:
- Perceived judicial independence: Both the general public and companies report declining confidence in judicial independence, a trend that requires attention.
- Statistical capabilities: The Office for the Collection and Processing of Judicial Statistics still lacks adequate resources and tools to produce comprehensive judicial data.
- Human resources: Shortages of judicial clerks and support staff continue to affect working conditions for judges and overall system efficiency.
- Legal aid: While recent measures have addressed backlogs in lawyer fee payments, a long-term structural solution is still needed to prevent future issues.
Conclusion
The Greek justice system is undergoing significant reforms aimed at addressing longstanding inefficiencies and quality concerns. While progress has been made in areas such as high-level judicial appointments and the transfer of non-contentious cases, persistent challenges remain, particularly regarding case backlogs and overall system efficiency. The success of these reforms will depend on their effective implementation and the ability to address underlying structural issues. Continued monitoring and evaluation will be crucial to ensure that these changes lead to meaningful improvements in the administration of justice in Greece.
