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05/10/2022
EL: The President of the Fourth Department of the Council of State introduced a preliminary question brought by the Administrative Court of First Instance of Thessaloniki, before the seven-member composition, to ask whether specific provisions concerning single judge formations of the Independent Appeals Committees are compatible with the Greek Constitution.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Greece, Council of State [Συμβούλιο της Επικρατείας], Decision accepting the preliminary reference of the Administrative Court of First Instance of Thessaloniki, No 2017/2022, 05 October 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3365
Case history
Other information
Abstract

In October 2022, the Administrative Court of First Instance of Thessaloniki in Greece (Decision ΑΔ534/2022) sent a preliminary reference to the Council of State on the compatibility of provisions enabling members of Independent Appeals Committees, bodies included in the structure of the executive power, which exercise duties of a jurisdictional nature, to process appeals in single-judge panels (used in fast-track procedures for instance) with the Greek Constitution, Article 89(2) and (3) on the constitutional prohibition of parallel employment of magistrates.


On 5 October 2022, the President of the Fourth Department of the Council of State introduced the above preliminary question for discussion before the seven-member composition due to its importance and set a hearing on 17 January 2023.


 
Country of Decision
Greece
Court Name
EL: Council of State [Συμβούλιο της Επικρατείας]
Case Number
No 2017/2022
Date of Decision
05/10/2022
Country of Origin
Keywords
Second instance determination / Appeal