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Composition
and structure
Number
of members :
148, i.e. the President, 7 vice-presidents, 42 councilors of state,
48 associate councilors and 50 auditors.
Recruitment
procedures and incompatibilities :
All the members are irremovable according to the Constitution.
The auditors are recruited after an examination organized by the
National School of Judiciary, the jury being made up of a vice-president
of the Council of State or a councilor of state as chairmen, of
three other magistrates and a Professor of Law. After a period of
probation of two years, which includes six months at the Council
of State, and an examination of their professional skills by the
Supreme Judicial Council of the Administrative Justice, the auditors
are confirmed in their post. The Supreme Judicial Council of Administrative
Justice appoints the auditors as regular judges, after a three-month
trial period. The associate councilors and the councilors of state
are appointed, by promotion, after prior decision by the Supreme
Judicial Council of Administrative Justice amongst the members of
the Council of State who hold an immediately inferior rank. The
President and the vice-presidents are chosen by promotion, with
presidential decree issued on the proposal of the Cabinet, amongst
the councilors of state.
Internal
organization :
The Council of State hear the cases either in full bench or in section.
The Court is divided in six sections, each one being placed under
the direction of a vice-president; the fifth is, in addition to
its jurisdictional functions, in charge of drafting the regulations
taken by decree.
The councilors of state and the associate councilors are assigned
to a section with the function of reporter: whereas the former are
entitled to speak and vote, the latter are only consulted. The auditors
assist the councilors of State in their task as reporters.
The sections are normally made up of five members (the vice-president,
two councilors of state, two associate councilors); two councilors
of state may be added if the importance of the issue requires it.
The fifth section, when exercising its advisory functions, includes
at least a vice-president, a councilor of state and an associate
councilor.
The Council of State, in full bench, is made up of at least half
of the members of the Council, who have all the right to vote, and
of two associate councilors. This special panel is seized by the
President of the Council or by the sections, for the most important
affairs. It has to be seized if the matter concerns the interpretation
of a statute or its constitutionality and if the Council of State
defends a point of view different from the attitude adopted by the
Court of Cassation or the Court of Audits. In this case, if the
Council of State accepts the point of view of the section, the issue
is transmitted to the Special Superior Court.
Publications
:
The Council of State publish a yearly report. A commission including
all the vice-presidents of the Council of State and one councilor
per section writes the latter. It contains the reforms of the legislation
and regulation, which the commission considers necessary. After
being approved by the Council of State, the report is transmitted
to the Prime Minister and the Minister of Justice.
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Court
functions :
Jurisdiction
:
The Greek system of administrative justice includes the Council
of State, the Court of Audits and the administrative courts (tribunals
of first instance and courts of appeal). They hear all administrative
disputes except certain decisions concerning the magistrates, which
are not judiciable. According to the Constitution, the categories
of cases that come under the Council of State's jurisdiction for
annulment may by law come under ordinary administrative courts of
another instance, the appellant jurisdiction of the Council of State
being reserved.
Organization
of the courts system :
The Court of Audits is competent for all disputes involving:
a) Public finances;
b) Pensions of the public agents;
c) Responsibility of the civil servants towards the administration.
The tribunals
have a competence of full jurisdiction for all individual, fiscal
and social litigations. They are also competent for actions ultra
vires directed against individual administrative acts concerning
the appointment and the legal rights of public agents.
The Council
of State is competent:
a) As judge of the first and last instance for all actions ultra
vires against enforceable acts of administrative authorities, whether
individual acts or regulations;
b) As judge of the first and last instance for certain actions in
matter of full jurisdiction, and specially actions against disciplinary
measures taken by the administration against public agents;
c) In certain cases as judge of appeal concerning the decisions
of the administrative courts of appeal;
d) As judge of review (cassation) of the decisions taken by the
administrative tribunals, either in first and last instance, or
in appeal.
Powers of
the judge :
If an action ultra vires is admitted and the illegality of the administrative
act recognized, the administrative judge can only nullify, partially
or totally, the act.
If an action of full jurisdiction, directed against an enforceable
administrative act, is grounded, the administrative judge may not
only nullify, partially or totally, the criticized act, but he may
also reform the act and substitute himself to the administration
in certain cases.
As judge of appeal, the Council of State may nullify a ruling of
first instance and decide the case.
As judge of review, the Council of State nullifies, partially or
totally, the judgment and sends the affair back to the court previously
seized. However, in certain cases, the Council of State may judge
the affair itself.
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Advisory
functions
Existence
and extent of an advisory authority :
The Council of State gives opinions on the drafts of presidential
decrees containing regulations.
The opinions of the Council are focused on the constitutionality
and legality of the decrees.
Authority
and publicity of the advices :
The administration is not obliged by the Council's opinions, but
a decree is illegal if the Council has not been consulted. The opinions
do not bind the Council when acting as judge.
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