Unit:
Department of LawLibrary of the School of Law
Author:
Papanikolaou Anastasia
Dissertation committee:
Σπυρίδων Βλαχόπουλος, Καθηγητής, Τμήμα Νομικής, Νομική Σχολή, ΕΚΠΑ
Παναγιώτης Λαζαράτος, Καθηγητής, Τμήμα Νομικής, Νομική Σχολή, ΕΚΠΑ
Παύλος-Μιχαήλ Ευστρατίου, Αναπληρωτής Καθηγητής, Τμήμα Νομικής, Νομική Σχολή, ΕΚΠΑ
Φίλιππος Σπυρόπουλος, Καθηγητής, Τμήμα Νομικής, Νομική Σχολή, ΕΚΠΑ
Κωνσταντίνος Γιαννακόπουλος, Αναπληρωτής Καθηγητής, Τμήμα Νομικής, Νομική Σχολή, ΕΚΠΑ
Βασιλική Χρήστου, Επίκουρη Καθηγήτρια, Τμήμα Νομικής, Νομική Σχολή, ΕΚΠΑ
Νικόλαος Παπασπύρου, Επίκουρος Καθηγητής, Τμήμα Νομικής, Νομική Σχολή, ΕΚΠΑ
Original Title:
Η δέσμευση της Δημόσιας Διοίκησης από τις αποφάσεις των πολιτικών και ποινικών δικαστηρίων
Translated title:
The Public Administration' s commitment towards judicial decisions of civil and criminal courts
Summary:
The current dissertation address the issue of whether or not the Public Administration is bound by the decisions of the civil and criminal courts in the event that the Administration deals with a case, the facts of which have already been the subject of a judicial diagnosis or crisis, in general. In particular, given the non-existence of an explicit provision, which normally describes the above relationship, the existence of a commitment is examined on the basis of related concepts, such as the obligation of Public Administration to comply with judicial decisions, the res judicata, the interpretive res judicata, the assertive and affirmative action as well as arguments arising from the area of rights, such as the right to a fair trial and judicial protection, from the area of general principles of law, such as the principle of legal certainty, the protected trust of the citizen, etc. and the unity of state power, and from the point of view of the organizational bases of the regime, such as the distinction of functions.
Moreover, a more specific approach is carried out by researching specific cases at a more practical level, through the case law of the European Court of Human Rights (ECHR), the Court of Justice of the European Union (CJEU) and the national courts, based on the nature of the court decisions. In particular, the degree of commitment of the Administration is being examined not only on the basis of the decisions of the civil courts published in the framework of disputed jurisdiction but also on cases of voluntary jurisdiction as well as on the decisions issued in the context of temporary legal protection. From the point of view of the decisions of the criminal courts and as regards mainly customs or tax cases, which constitute both administrative and criminal offense, the position of the Administration is examined in the light of the presumption of innocence and the principle of “ne bis in idem” in the purely administrative procedure and more specifically at the pre-administrative stage of appeal.
Finally, through the reference to theoretical approaches and the case law, it is ascertained that in the context of a modern rule of law, the Public Administration cannot act in a way that violates the general principles of administrative law as well as constitutional provisions, rights, especially when the previous attitude and opinion of the Public Administration has led to the country's condemnation by the ECHR for violating the provisions of the European Convention on Human Rights. With the current thesis, arguments and theoretical tools are proposed, which can constitute the basis of the shaping attitude of the Public Administration, in cases where the courts of civil or criminal jurisdiction have already ruled on the same facts.
Main subject category:
Law and Legislation
Other subject categories:
Public Law
Public Administration
Administrative Law
Keywords:
commitment, Public Administration, civil courts, criminal courts, ne bis in idem, presumption of innocence, unity of state power
Number of references:
629
