GREECE Law and Practice Contributed by: Anastasios Virvilios, Evangelia Sgountzou and Eirini Tsalapati, Machas & Partners
matter of the proceedings. This means that the commencement, substance, scope and conclu - sion of the administrative proceedings depend on the will of the parties and not on the court’ s own initiative. The principle of interrogation is also linked to the principle of a court decision within the limits of the application (in the sense of not aggravating the situation of the parties). 8.2 Alternatives to Disclosure/Discovery In light of the fact that administrative proceed - ings are governed by the investigative system, but without prejudice to the free disposal of the subject matter of the proceedings and the limits of review set by the party in their appeal, there are specific procedural rules (legal rules of evi - dence) which ensure that the court has all the relevant information at its disposal. In particular, the party (individual) is obliged to provide all the evidence supporting their claims within a certain time limit before the case is heard. Similarly, the administration is obliged to send a report of the administration’s opinions and the case file to the court within three months from the service of the appeal (for annulment pro - ceedings) or at least 30 days before the hearing (for substantive proceedings). The law provides for specific means of evidence which may be used by the parties to prove their claims, namely: • the inspection; • expert evidence; • documents; • the confession of the opposing party (indi - vidual); • the statements of the parties;
• the witnesses; and • the court documents. 8.3 Live Evidence and Cross- Examination
One of the means of evidence provided for in administrative proceedings is witnesses. The court may order the examination of witnesses not only on its own initiative but also following the request of a party. The proposal to examine witnesses may be made in writing at the prelimi - nary hearing or by oral proposal in court. If the proposal is made by oral proposal in court, the examination of a witness may be requested at the case hearing, provided that all parties are present and do not object to it. The witness may not only be questioned by the court but also by the parties, with the permission of the person conducting the examination. Each witness will generally be questioned sepa - rately from the others. The examination of a wit - ness in cross-examination with another witness or party may only be conducted before the court or the Judge-Rapporteur. 9. Time Limits and Preliminary Steps 9.1 Preliminary Requirements In principle, the party whose interests are affect - ed is not obliged to follow any preliminary proce - dures before bringing a case before the courts. However, preliminary proceedings must be fol - lowed where the law specifically provides for this, ie, the filing of an administrative appeal. If the prescribed procedure for an administra - tive appeal is not followed, any appeal lodged is deemed inadmissible and will not be exam -
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