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What matters are tried at the regular Greek Administrative Courts? Disputes arising from:
• municipal and community tax in general,
• mines and quarries,
• signs,
• the validity of municipal and community elections and elections for the administrative instruments of public entities,
• the liability of the government, the local government and public entities for compensation,
• any type of remuneration of staff in government agencies and local public entities in general,
• administrative contracts,
• public revenue collection,
• the granting and revoking of licenses for establishment and operation and sanctions during the operation of catering stores and workshops, and the temporary closure of the stores, offices, factories, workshops and in general professional facilities of traders, the issue of permits for the installation and operation of service stations, garages, car washes - car lubricating facilities and administrative sanctions for violation of the relevant laws. • implementation of the legislation for the granting, revocation or withdrawal of vehicle circulation licenses and the enforcement of related sanctions, including those imposed by the Highway Code, • the determination of the operating conditions of public use vehicles (buses, trucks, passenger ships, tankers and others), the change of their seat, and any other relevant change, • the imposition of disciplinary sanctions on members of professional associations that operate as public entities, • the imposition of administrative sanctions for the violation of the rules and regulations of labour law and the legislation on health and safety at work, • the breach of the legislation on tourism enterprises, • the breach of the legislation on consumer protection, • the refusal to grant certificates or proofs of no debt to the State or social security for any reason, • tax offences, or debts to the State for any reason, the refusal to certify tax books and records, due to the non-payment of outstanding and due debt, • actions issued based on Community and national provisions concerning the payment of the Community aid provided for by the above provisions, subsidies and other cash benefits or the imposition of any relevant measure or sanction, • deeds for the concession of public spaces to the operators of stores for serving their operation, the issue of permits for outdoor trade and public markets, • the objections of third country residents to the decisions governing their stay in Greece, • the recognition, assignment or award of any right or privilege, or any other benefit under the legislation on social security, • disputes pertaining to the insurance coverage and any kind of benefits for the disabled, war victims, national resistance fighters, earthquake victims and victims of natural disasters, • the admission and situation in general of students of productive faculties of the above employees and changes in the status of reserve officers, • promotion of staff, • the election and the general conditions of service of professors and fellows of higher education and the implementation of educational legislation for pupils, university students, scholars and postgraduate students, • the revocation of urban planning expropriations, the revocation of urban planning restrictions, the regulation, ratification and discounting of compensation for property, the designation of buildings or structures as illegal constructions and their exemption from demolition, the issuing of building permits and permits for cutting trees, and the connection of buildings with all kinds of networks. • the issuing of permits for outdoor advertising and signs and the removal of illegal outdoor advertisements and signs and the imposition of fines, • the fines imposed by the Greek Independent Authorities for any reason, in particular by the Securities and Exchange Commission, the National Broadcasting Council, the Greek Telecommunications and Post Commission, the Energy Regulatory Authority, etc. In the first and last instance, disputes pertaining to administrative contracts are heard by the court of appeals. In the first instance, disputes pertaining to tax and customs disputes in general, whose object does not exceed 150,000 Euros, are heard by the First Instance Court. If their object exceeds the amount of 150,000 Euros, in the first and last instance, they are heard by the court of appeals. What matters are tried at the Council of State (CS)? A) applications for the annulment of enforceable administrative acts by someone who has a lawful interest, in which case it may cancel the act or reject the application for annulment. Mainly, it hears cases concerning the protection of the natural environment, forests and woodlands, waters, flora and wildlife, the protection of the cultural environment, of antiquities and archaeological sites, monuments, listed buildings and traditional settlements, mines and quarries, the sea and beaches, zoning issues as well as issues on the approval, amendment and extension of city plans, general urban plans and planning studies, the imposition of conditions and restrictions for construction, the determination of active urban planning zones and urban land re-allotment, zones receiving special support and providing special incentives and residential control zones, other than those concerning building permits and deeds for the designation of constructions as illegal, issues relating to the establishment and operation of industries, factories and hotels in general and engineering facilities, and the organization and functioning of the administration, legal persons under public law, the local government and higher education establishments. B) The recourse of civil, military, municipal, etc. officials against decisions of Official Councils on their promotion, dismissal, demotion, etc. The CS tries, at second instance: Appeals against final decisions of the Administrative Appeals Court, which are issued as defined in Article 1 of Law 702/1977, in the event of an application for annulment or opposition. The CS tries, in its function as a Supreme Administrative Court, appeals against decisions of the regular Administrative Courts, in which a citizen has exercised a right to recourse against an administrative act.
(SOURCE: YOUR EUROPE, www.europa.eu) |