GREECE Law and Practice Contributed by: Anastasios Virvilios, Evangelia Sgountzou and Eirini Tsalapati, Machas & Partners
15. Appeals 15.1 Right to Appeal
ing them from maintaining their essential needs and those of their family. In addition, specific limits are set on the amount of fees and court stamp duty that the admin - istered person is required to pay to the public, depending on the category of the petition they wish to file or the disputed amount. 14.2 Public Interest Costs Fees are costs awarded in favour of the State. There are specific limits on the amount of fees depending on the category of the application that the applicant wishes to file or the amount of the dispute in question. Furthermore, in both substantive and annulment disputes, it is provided that the losing party is ordered to pay the legal costs of the winning party. However, the court, assessing the circum - stances, may exempt the losing party, in whole or in part, from the legal costs. 14.3 Wasted Costs The obligation to pay a fee, as a condition of the admissibility of a legal remedy or appeal by an individual, aims to prevent the exercise of reckless and unfounded legal remedies and appeals, for the sake of the proper functioning of the courts and the effective administration of justice. For this reason, the fate of the fee (forfei - ture, doubling or return to the payer) depends on the outcome and the general circumstances of the trial. For example, if the court finds that the legal remedy or appeal in question was clearly inadmissible or unfounded, it is possible to order that it be multiplied.
In Greek administrative law, appeals can be made in both substantive disputes and annul - ment disputes. Appeals in substantive disputes are governed by Articles 92 et seq of the CAP, while appeals in annulment disputes are gov - erned by Presidential Decree 18/1989. The appeals aim to get a higher court with more experienced judges to re-assess a case. The appeals constitute the second and final instance of jurisdiction. The second instance court does not review the first instance deci - sion in its entirety but only the points affecting the decision. It should be noted that the second instance of jurisdiction is not enshrined in the Constitution or Article 6 of the ECHR. Therefore, because it is not mandatory, the provision that in some cases there is no right to appeal is not In substantive disputes, an appeal is filed against the decision of the first instance ordinary admin - istrative court (the Administrative Court of First Instance) before the second instance ordinary administrative court (the Administrative Court of Appeal). As a rule, all final decisions issued by administrative courts of first instance are subject to appeal, provided that the filing of an appeal is not excluded by law. That is, there are deci - sions that are irrevocable or categories of cases that are heard in first and last instance by the Administrative Court of Appeal. In annulment disputes, an appeal is filed in the cases provided for by law before the Council of State. against the Constitution. 15.2 Appeal Forums
165 CHAMBERS.COM
Powered by FlippingBook