Κατεύθυνση Εκκλησιαστικό Δίκαιο
Library of the School of Law

2019-02-18

2019

Papadopoulou Vassilia

Γιώργος Ανδρουτσόπουλος
Επ. Καθηγητής Εκκλησιαστικού Δικαίου
Τμήμα Νομικής ΕΚΠΑ

Ο δικαστικός έλεγχος των πράξεων και των αποφάσεων των εκκλησιαστικών οργάνων στα πλαίσια επιβολής ποινών “πνευματικού χαρακτήρα” επί κληρικών (ανώτερου κλήρου) και μοναχών

Greek

The judicial control (audit) of the Deeds and Decisions of Ecclesiastical Authorities within the framework of the imposition of awards (sentences) of “spiritual character” on clergymen and monks

The essay examines significant awards of the Supreme Administrative Court of Greece, the Council of State within the framework of its control (audit) which occurs when a petition has been filed against Deeds and Decisions of the competent ecclesiastical authorities (either administrative authorities or the Church’s “judicial bodies” which are also considered by the Council as special administrative bodies at such cases) by virtue of which (deeds and decisions) a sentence (award) has been imposed on clergymen or monks, which (sentence) is attributed (under the provisions of the Orthodox Church’s canon law) a “spiritual character”. Those kind of “spiritual character” sentences (awards) are at some cases judged by the Council of State as constituting enforceable acts of the aforementioned ecclesiastical authorities and can be lawfully admissible for the Council of State’s judicial review, and, at other cases, are judged by the same Court as lacking the prerequisite of enforceability (and are therefore not admissible for its judicial review) due to the fact that the provoke no change or bear no consequences to the petitioner’s legal status and rights in the context of his relationship with the various ecclesiastical legal entities, as this relationship is regarded as existing under the provisions of the applicable administrative law, as those provisions are interpreted by the Council of State. The essay focuses on the “criterion of enforceability” which is utilized by the Supreme Administrative Court of Greece as far as the relevant Deeds and Decisions are concerned for each category of “spiritual character” sentences (issued by the aforementioned ecclesiastical Authorities) in relation to their admissibility at each case for judicial review by the Court.

Law and Legislation

Ecclesiastical Law

Judicial control (audit), Deeds of Ecclesiastical Authorities, Decisions of Ecclesiastical Authorities, Imposition of awards (sentences) of “spiritual character”, Clergymen, Monks

No

0

No

7

72

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https://pergamos.lib.uoa.gr/uoa/dl/object/2863100