Κατεύθυνση Δημοσίου Δικαίου
Library of the School of Law

2018-05-07

2018

Komaiti Maria-Vasileia

Σπυρίδων Βλαχόπουλος, Καθηγητής Νομικής Σχολής Πανεπιστημίου Αθηνών

Το παράβολο στη διοικητική δίκη

Greek

The admissibility fee in the judicial proceedings of administrative law

The fee as a legal cost of the judicial proceedings constitutes a restriction on the right of access to justice because if it is not paid within the procedural and time limits set by the law, the claim for legal protection of the party is dismissed as inadmissible, without the court examining the case. There is no doubt that, on one hand, the organization of proceedings before the courts has to be fully regulated through procedural law, and on the other, that the national legislator is free to make the appropriate legislative choices which will contribute to proper functioning and effective administration of justice. To this end, the introduction of the obligation to pay a fee for the admissibility of a legal remedy seeks to prevent the submission of unsubstantiated, inconsiderate and impetuous legal requests. Apart from the legitimate purpose they should serve, the legislator's choices should not pass the threshold of the principle of proportionality between the measure taken and the aim pursued. However, in the light of special circumstances-exceptional and urgent, such as those of the financial crisis, a shift of the purpose of paying an admissibility fee and, consequently, a transformation of the proportionality check has been observed. As a result, nowadays the right of access to justice has been subject to significant restrictions.

Law and Legislation

Administrative Law

Admissibility fee, Judicial Proceedings in Administrative Law, Administrative Procedural Law, Right of access to justice

No

0

No

26

67

File access is restricted only to the intranet of UoA.

https://pergamos.lib.uoa.gr/uoa/dl/object/2750948