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22-717: According to the article 100 of the Constitution the Special Highest Court comprises eleven members. Namely: The Court is presided over by the seniormost president of either the Court of Cassation or the Council of State . When the Special Highest Court : a) resolves the conflicts between the administration and the courts or between the administrative and the civil courts or between the Chamber of Accounts and

44-582: A case by the lower court. The court consists of the president and the attorney-general, ten vice-presidents, sixty five areopagites and seventeen deputy attorneys-general. The members of the Supreme Court are tenured until they reach the mandatory retirement age of 67, as mandated by the Greek constitution . The Areios Pagos is named after the first court of androfonies (crimes of murder), founded between 1500-1300 BC by Theseus and King Cecrops , which

66-468: A case by the lower court. The court consists of the president and the attorney-general, ten vice-presidents, sixty five areopagites and seventeen deputy attorneys-general. The members of the Supreme Court are tenured until they reach the mandatory retirement age of 67, as mandated by the Greek constitution . The Areios Pagos is named after the first court of androfonies (crimes of murder), founded between 1500-1300 BC by Theseus and King Cecrops , which

88-623: A member of the Prosecution of Supreme Civil and Criminal Court of Greece (i.e. a professional prosecutor), ensuring Parliamentary disengagement and avoiding any potential political exploitation of the trial. This "Special Court" comprises seven judges of the Court of Cassation and six judges of the Council of State , chosen by lot. It is presided over by the seniormost judge for the Court of Cassation . Court of Cassation (Greece) The Supreme Civil and Criminal Court of Greece ( Greek : Άρειος Πάγος , Areios Pagos , " Areopagus ")

110-529: Is the supreme court of Greece for civil and criminal law . In Greece, the decisions of the Supreme Court are final. However, since Greece is a member state of the Council of Europe , cases ruled on by the Greek high court can be appealed to the European Court of Human Rights . If the Supreme Court decides that a lower court violated the law or principles of legal process, it can order the rehearing of

132-414: Is the supreme court of Greece for civil and criminal law . In Greece, the decisions of the Supreme Court are final. However, since Greece is a member state of the Council of Europe , cases ruled on by the Greek high court can be appealed to the European Court of Human Rights . If the Supreme Court decides that a lower court violated the law or principles of legal process, it can order the rehearing of

154-625: The Special Highest Court has the power to issue an irrevocable and binding decision, with which a member of the Parliament loses their position, it becomes the "supreme electoral court". According to the article 58 of the Constitution, the court examines pleas concerning electoral violations or lack of legal qualifications of candidates. It also controls whether a member of the Parliament has undertaken duties incompatible with their office. These incompatible duties are enumerated in article 57 of

176-465: The "Special Court" of article 86 of the Constitution. This last "Special Court" is an ad hoc court, competent to judge alleged criminal acts of members of government (previous or in service), committed in their official capacity only (i.e. not common criminal or civil offenses committed in their personal capacity) and only when impeached by Parliament . It is also competent to judge the President of

198-546: The Constitution of 1975/1986/2001 and the Law 345/1976. Germs of this Court exist in the article 73 of the Constitution of 1952 (providing for a special electoral court) and in the constitutions of the military junta (1967-1974), providing for a special court resolving the disputes between the Supreme Courts. The jurisdiction of the Special Highest Court is strictly defined by the Constitution (article 100). Hence: Since

220-468: The Constitution. If the Special Highest Court ascertains the incompatibility of the undertaken duties, the deputy loses their office "by operation of law". In Greece every court controls the constitutionality of the laws and there is no "permanent" Supreme Constitutional Court, as in Spain , Germany etc. If any court judges a legal provision as "unconstitutional", it decides not to apply it, but it has not

242-479: The Republic, if impeached by Parliament for intentional violation of the Constitution or for high treason. In such cases, Parliament acts as the prosecuting attorney and the defendant(s) may be represented by lawyers of their choice, as in any court. Up until the 2001 constitutional amendment , the Parliament appointed 3 MPs (plus three surrogates) to serve as prosecutors in the trial; they have now been replaced by

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264-724: The conviction of the hero of the Greek Revolution , Theodoros Kolokotronis . The first case of the Supreme Court (1/1835) was heard on 30 April 1835 and the decision was published on 1 May 1835. The Supreme Civil and Criminal Court of Greece is currently housed in the courthouse of Alexandras Avenue built by renowned architect Iason Rizos (Ιάσων Ρίζος) on 23 February 1981. References: 37°59′22″N 23°45′12″E  /  37.9895°N 23.7533°E  / 37.9895; 23.7533 Court of Cassation (Greece) The Supreme Civil and Criminal Court of Greece ( Greek : Άρειος Πάγος , Areios Pagos , " Areopagus ")

286-464: The late Roman period, when the cities' internal autonomy was curtailed. On 16 October 1834, the Areios Pagos was founded as the supreme court of independent Greece by royal decree. Instead of receiving the name Court of Cassation , it was named after its ancient equivalent. The first supreme court justices were nominated on 13 January 1835 by royal decree. The first president of the supreme court

308-403: The late Roman period, when the cities' internal autonomy was curtailed. On 16 October 1834, the Areios Pagos was founded as the supreme court of independent Greece by royal decree. Instead of receiving the name Court of Cassation , it was named after its ancient equivalent. The first supreme court justices were nominated on 13 January 1835 by royal decree. The first president of the supreme court

330-462: The other courts, or b) resolves a dispute about the constitutionality of a legal provision or about the real meaning of a legal provision, then the Court comprises two extra members: two (full) professors of Law, appointed by lot. The history of the Special Highest Court is quite short, as it was first founded by the Constitution of 1975. Its organisation and function is regulated by the article 100 of

352-545: The power to declare the legal provision "null and void". This restriction is also binding for the Supreme Courts, which declare the unconstitutional legal provision "inapplicable". Nonetheless, if a case concerning the constitutionality of a law is introduced into the Special Highest Court (after the issuing of contradictory decisions of the Supreme Courts), the Court has the constitutional right to declare an unconstitutional legal provision as "powerless". This means that

374-417: The same legal provision in the future. If a court of first instance or a court of appeals or even a Supreme Court had judged the same matter in a contradictory way before the issuing of the decision of the Special Highest Court , it is obliged to reverse is judgement and to reissue it in accordance with the Special Highest Court' s decision. The Special Highest Court of article 100 must not be confused with

396-418: The unconstitutional legal provision still exists (it is not formally "null and void"), but it is expelled from the Greek "law and order". The decision of the Special Highest Court , declaring the unconstitutionality of a legal provision is final, irrevocable, binding for every Greek court, including the Supreme Courts, and judges the matter once for ever. No court has the right to take a different decision for

418-493: Was Christodoulos Klonaris (1788-1849), attorney at law in the city of Nafplion and the minister of justice in the government of Ioannis Kapodistrias . The first attorney-general was Andronikos Paekos, who until then was the presiding judge of the temporary court of Missolonghi . Among the areopagites there was also Anastasios Polyzoidis , until then presiding judge of the temporary court of Nafplion, famous for his refusal, along with fellow judge Georgios Tertsetis , to sign

440-493: Was Christodoulos Klonaris (1788-1849), attorney at law in the city of Nafplion and the minister of justice in the government of Ioannis Kapodistrias . The first attorney-general was Andronikos Paekos, who until then was the presiding judge of the temporary court of Missolonghi . Among the areopagites there was also Anastasios Polyzoidis , until then presiding judge of the temporary court of Nafplion, famous for his refusal, along with fellow judge Georgios Tertsetis , to sign

462-726: Was situated on the rocky hill named after the god Ares in Athens . This highest court of antiquity was named the Areios Pagos Parliament and consisted of members for life, the Areopagites . In 462 BC a great part of the administrative and judicial powers was conveyed to the Heliaia , the 'Parliament' and the Ekklesia (public assembly). The institution was copied in many Greek city-states, and survived until well into

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484-430: Was situated on the rocky hill named after the god Ares in Athens . This highest court of antiquity was named the Areios Pagos Parliament and consisted of members for life, the Areopagites . In 462 BC a great part of the administrative and judicial powers was conveyed to the Heliaia , the 'Parliament' and the Ekklesia (public assembly). The institution was copied in many Greek city-states, and survived until well into

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