Council of State (Greece)
In Greece, the Council of State is the Supreme Administrative Court of Greece. The Council is headed by its president, chosen from among the members of the Council by the Cabinet of Greece for a term of four years; the court comprises the presiding board, 42 Privy Councillors, 48 Associate Judges and 50 Reporting Judges, all graduates of the National School of Judges. The Council is seated in the Arsakeion building in the centre of Athens; the Council executes its jurisdiction in six Chambers-Judicial Formations. Each Chamber may have two compositions: seven-member; the jurisdiction of the Plenary Session is determined by the law, while the competence of the Chambers is determined by the law and the presidential decrees, proposed by the Minister of Justice after an opinion of the Council. After the Constitutional Amendment of 2001 the Plenary Session is the only competent to judge the constitutionality of laws; the Plenary Session is competent: a) for cases of general interest that the President introduces directly into it, b) for cases that one of the Chambers submits to it.
These cases are submitted by the Chambers to the Plenary Session for two reasons: either because they are cases of general interest or because the applicable legislative provision is judged unconstitutional. The Council was first founded in 1835 and it constituted an imitation of the French Conseil d'État, it had advisory competence with respect to the draft decrees and administrative jurisdiction, issuing irrevocable decisions. The Council was suppressed by the Constitution of 1844. Following the deposing of King Otto in 1862, the National Assembly, convened decided to re-establish the Council in order to "prepare and deliberate on law proposals"; the new 1864 Constitution provided for a revision of this in the forthcoming parliamentary session, provided that a 3/4 majority voted against it. On 25 November 1865 a law was passed. Although the Constitution of 1911 provided for its re-establishment, it was not refounded until 1928, after the adoption of the Constitution of 1927, its first president, from 1928 until 1935, was Konstantinos Raktivan.
Its jurisdiction and composition is now provided for in the Constitution of 1975/1985/2001, the Law 170/1973 and the Presidential Decree 18/1989. The administrative competence of the Council, as one of the three Big Bodies of the Public Administration is regulated by the article 95 of the Constitution of 1974/1985/2001 and consists in the elaboration of all the regulative decrees, namely of all the decrees that include impersonal legal rules. Competent for this elaboration is the fifth Chamber of the Council, for such cases, of three or five members; the Chamber may, at its option, submit the case to the nine member Plenary Session. The submission is obligatory for the Chamber, when the constitutionality of the relevant to the decree legal provisions is judged; the Administration is obliged to send the regulative decrees to the Conseil for elaboration but it is not obliged to follow the consultory response of the Council. Nonetheless, the Administration abides by the Council's opinion. A promulgated regulative decree, if not sent to the Council for elaboration before its promulgation, shall be annulled, if a recourse is submitted to the competent court.
The elaboration of the decrees by the Council is limited to the lato sensu legality of the decrees, while the respective control of the French Conseil d'État goes to the substance of the context of the elaborated decree. The Council is the head of the system of administrative justice and it constitutes the Supreme Administrative Court. A case is introduced into the Council with the following legal means or remedies: the recourse, with which the annulment of an administrative act is pursued; the Council judges only the legal aspects of the case and not the true facts. Its decision includes a judgement about not a control upon the merits; the writ of certiorari against the decisions of the lower administrative courts, which judge recourses and their decisions include a control upon the merits. The writ of certiorari is constitutionally consolidated and places the Council at the top of the administrative branch of justice, because it has the last word in the legal aspects of every administrative litigation.
The clerical recourse, with which disputes between the State and the civil servants are introduced into the Council. The decision of the Council includes a judgement both about the legality and upon the merits of the case; the appeal against the decisions of the Administrative Court of Appeals, which judges at first instance certain writs of annulment. In this case, the Council judges as a court of appeals and the Administrative Court of Appeals as a court of first instance. Following the jurispredence of the French Conseil d'État, the Council refuses to examine the legality of certain administrative acts, which a
Greece the Hellenic Republic, self-identified and known as Hellas, is a country located in Southern and Southeast Europe, with a population of 11 million as of 2016. Athens is largest city, followed by Thessaloniki. Greece is located at the crossroads of Europe and Africa. Situated on the southern tip of the Balkan Peninsula, it shares land borders with Albania to the northwest, North Macedonia and Bulgaria to the north, Turkey to the northeast; the Aegean Sea lies to the east of the mainland, the Ionian Sea to the west, the Cretan Sea and the Mediterranean Sea to the south. Greece has the longest coastline on the Mediterranean Basin and the 11th longest coastline in the world at 13,676 km in length, featuring a large number of islands, of which 227 are inhabited. Eighty percent of Greece is mountainous, with Mount Olympus being the highest peak at 2,918 metres; the country consists of nine geographic regions: Macedonia, Central Greece, the Peloponnese, Epirus, the Aegean Islands, Thrace and the Ionian Islands.
Greece is considered the cradle of Western civilisation, being the birthplace of democracy, Western philosophy, Western literature, political science, major scientific and mathematical principles, Western drama and notably the Olympic Games. From the eighth century BC, the Greeks were organised into various independent city-states, known as poleis, which spanned the entire Mediterranean region and the Black Sea. Philip of Macedon united most of the Greek mainland in the fourth century BC, with his son Alexander the Great conquering much of the ancient world, from the eastern Mediterranean to India. Greece was annexed by Rome in the second century BC, becoming an integral part of the Roman Empire and its successor, the Byzantine Empire, in which Greek language and culture were dominant. Rooted in the first century A. D. the Greek Orthodox Church helped shape modern Greek identity and transmitted Greek traditions to the wider Orthodox World. Falling under Ottoman dominion in the mid-15th century, the modern nation state of Greece emerged in 1830 following a war of independence.
Greece's rich historical legacy is reflected by its 18 UNESCO World Heritage Sites. The sovereign state of Greece is a unitary parliamentary republic and developed country with an advanced high-income economy, a high quality of life, a high standard of living. A founding member of the United Nations, Greece was the tenth member to join the European Communities and has been part of the Eurozone since 2001, it is a member of numerous other international institutions, including the Council of Europe, the North Atlantic Treaty Organization, the Organisation for Economic Co-operation and Development, the World Trade Organization, the Organization for Security and Co-operation in Europe, the Organisation internationale de la Francophonie. Greece's unique cultural heritage, large tourism industry, prominent shipping sector and geostrategic importance classify it as a middle power, it is the largest economy in the Balkans. The names for the nation of Greece and the Greek people differ from the names used in other languages and cultures.
The Greek name of the country is Hellas or Ellada, its official name is the Hellenic Republic. In English, the country is called Greece, which comes from Latin Graecia and means'the land of the Greeks'; the earliest evidence of the presence of human ancestors in the southern Balkans, dated to 270,000 BC, is to be found in the Petralona cave, in the Greek province of Macedonia. All three stages of the stone age are represented for example in the Franchthi Cave. Neolithic settlements in Greece, dating from the 7th millennium BC, are the oldest in Europe by several centuries, as Greece lies on the route via which farming spread from the Near East to Europe. Greece is home to the first advanced civilizations in Europe and is considered the birthplace of Western civilisation, beginning with the Cycladic civilization on the islands of the Aegean Sea at around 3200 BC, the Minoan civilization in Crete, the Mycenaean civilization on the mainland; these civilizations possessed writing, the Minoans writing in an undeciphered script known as Linear A, the Mycenaeans in Linear B, an early form of Greek.
The Mycenaeans absorbed the Minoans, but collapsed violently around 1200 BC, during a time of regional upheaval known as the Bronze Age collapse. This ushered from which written records are absent. Though the unearthed Linear B texts are too fragmentary for the reconstruction of the political landscape and can't support the existence of a larger state contemporary Hittite and Egyptian records suggest the presence of a single state under a "Great King" based in mainland Greece; the end of the Dark Ages is traditionally dated to the year of the first Olympic Games. The Iliad and the Odyssey, the foundational texts of Western literature, are believed to have been composed by Homer in the 7th or 8th centuries BC. With the end of the Dark Ages, there emerged various kingdoms and city-states across the Greek peninsula, which spread to the shores of the Black Sea, So
An administrative court is a type of court specializing in administrative law disputes concerning the exercise of public power. Their role is to ascertain; such courts are considered separate from general courts. The administrative acts are recognized from the hallmark that they become binding without the consent of the other involved parties; the contracts between authorities and private persons fall to the jurisdiction of the general court system. Official decisions contested in administrative courts include: taxation dispensation of monetary benefits environmental licenses building inspection child custody involuntary commitment immigration decisions summary public payments In several countries, in addition to general courts, there is a separate system of administrative courts, where the general and administrative systems do not have jurisdiction over each other. Accordingly, there is a local administrative court of first instance an appeals court and a Supreme Administrative Court separate from the general Supreme Court.
The parallel system is found in countries like Egypt, Germany, Italy, some of the Nordic Countries, Portugal and others. In France, Greece and Sweden, the system has three levels like the general system, with local courts, appeals courts and a Supreme Administrative Court. In Finland, Italy and Taiwan, the system has two levels, where the court of first instance is a regional court. In Germany, the system is more complicated, courts are more specialized. In Finland, legality of decisions of both state agencies and municipal authorities can be appealed to the administrative courts. In accordance with the principle of the legal autonomy of municipalities, administrative courts can only review and rule on the formal legality of the decision, not its content. In the case of state agencies, administrative courts may rule on the actual content of the decision. In the United States, administrative courts are tribunals within administrative agencies, are distinct from judicial courts. Decisions of administrative courts can be appealed to a judicial court.
Notably, in 1952, the Communist East German government abolished the administrative courts as "bourgeois". This limited the citizens' ability to contest official decisions. In 1989, re-establishment of the system began in DDR, but the German reunification made this initiative obsolete; the Administrative Court is a specialist court of the Queen's Bench Division of the High Court of Justice in England and Wales Administrative courts in Greece Supreme Administrative Court of the Republic of Poland Administrative Courts in Finland Administrative law judges in the United States