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The Plenary of the presidents of the Greek Bar Associations requests clarifications from the Ministry of Justice after the imposition of the new restrictive measures imposed due to the coronavirus pandemic, regarding the operation of courts, mortgage offices, etc., at the same time as opposes the suspension of the courts.
The Plenary of Presidents, which met extraordinarily today under the presidency of President Dimitris Vervesos, through a teleconference, in a statement states: “It does not mean suspension from the courts, when all other public services, schools and businesses operate with a potentially increased risk of exposure to the virus. After all, there is relevant experience with the functioning of courts in European countries. “
At the same time, the Plenary demands
taking the necessary measures of financial support from lawyers, tax facilities, reduction of professional housing rent, etc.
In particular, the announcement of the plenary session is as follows:
“1. Justice is a pillar of democracy.
The continuous functioning of the courts and the possibility of judicial protection of citizens are key characteristics of a rule of law and of any democratic and prosperous state.
2. The Plenary Assembly expresses its deep dissatisfaction with the fact that to date the Government has not adopted the planned joint ministerial decision on the operation of the courts, mortgages and cadastral offices, as well as on the issues arising from the suspension of the courts ; and the beginning of its reopening in the 7 regional units, which belonged to the 4th epidemiological field, with the result that the lawyers do not have clear information and generate uncertainty and anxiety about the regime that will apply on Tuesday morning.
Now a statement from the Ministry of Justice should be issued.
3. The health crisis in the country, due to the second wave of the coronavirus pandemic, should not lead to the suspension of the courts, taking into account on the one hand the need to continue with their judicial work and on the other hand the fact that there is no scientific evidence It appears that courtrooms have to date been areas of virus transmission.
It does not mean suspending the operation of the courts, when all other public services, schools and businesses operate with a potentially greater risk of exposure to the virus. After all, there is relevant experience with the functioning of courts in European countries.
In this context, all the courts of all jurisdictions (civil, criminal, administrative), whose operation has been temporarily suspended, as well as the Mortgage Offices and Cadastral Offices, the Immigration and Immigration Directorates and the Citizenship and Citizenship Directorates must be reopened immediately. transitional provisions for problems that arise.
4. It goes without saying that the functioning of the courts, mortgages and cadastral offices must be carried out by taking and observing all the prevention and protection measures provided by the competent health services, under the responsibility of the State and the heads of the corresponding services and of the courts.
Especially for criminal courts, the adjudication of cases must be made under the responsibility of the competent Prosecutor, who will decide, according to the circumstances of the moment and the data of each case, which of them will be discussed or withdrawn, in order to ensure the information timely action of the parties, the safe conduct of the trial and the avoidance of conciliation.
The country’s Bar Associations have already contributed in all possible ways (especially with the provision of equipment and personnel in the courts and the use of the possibilities of e-justice) in the discharge and proper functioning of the Courts, Mortgage Offices and Cadastral Offices and will continue to do so. do.
The plenary session urges all fellow lawyers to strictly observe all the prescribed prevention and protection measures (use of a mask – antiseptics, distancing, etc.) both in the exercise of their profession and outside of it, in order to guarantee health public and not deteriorate. , as far as possible, given the prevailing conditions, the social and economic life of the place.
5. It is obvious that the coronavirus pandemic has adverse consequences on social and economic development.
The bar association has been the most affected by all the other professions of freelancers and scientists, due to the three-month suspension of courts, mortgages and cadastral offices.
Added to the adverse effects of the first wave of the pandemic are the consequences of the second wave, which, according to scientists, is expected to last for a long time, due to weather conditions and worse results, compared to the first wave. The conditions that are formed are far from normal, even the “new normal” of June and have a negative impact on the exercise of our profession, even in the fully functioning regime of the Courts, Mortgage Offices and Cadastral Offices.
The State itself, recognizing the situation that has developed, reinstated the lawyers in the affected KAD and to the extent of the refundable advance from which they had been exempt until now, as is clear from yesterday’s announcement by the Ministry of Finance. The State must demonstrate its support in the legal sphere and with new measures. That it is not overlooked that the lawyer is a collaborator of Justice and the provision of conditions for the worthy exercise of his profession, as well as of his life, is a necessary condition for the proper performance of his work.
In this context, the Plenary for the economic support of the sector, in addition to the claim framework marked by its previous decisions (granting of OAED, compensation for legal assistance, payment of EFKA debts, salary issues, etc.) claims:
1. Adopt the necessary measures of financial support to lawyers, particularly in regional units where the operation of the courts has been suspended and in the event of any restriction of its operation in other regional units.
2. The suspension of all tax and insurance obligations.
3. The reduction of the rent of professional housing.
4. The consolidation of the criteria for the subsidy / non-reimbursable aid for small and very small companies affected by the covid 19 pandemic, through a European support program, in all Regions of the country, by reducing the amount of the required expenses, so as not to be excluded the vast majority of lawyers from this program.
5. The reduction of the rent of the housing of students of children of lawyers, taking into account the announcement of the Government of compulsory distance education in the Universities “.
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