3. Today, the civil justice system must contend with the challenge to provide rapid and effective judicial protection given the limitated financial and personal recources.
The right of the individual citizen for the effective protection of its rights founded on the article 20 I of the Greek Constitution includes the right of access to a competent court. Article 87 I of the Greek Constitution guarantees the independence of the Greek judges. Article 8 of the Constitution guarantees a lawfull judge, whose jurisdiction and any competence are prescribed by general rules. The principle of the equal chances and possibilities of the parties in civil proceedings founded on the Article 4 of the Constitution as well, introduces a very important aspect of procedural fairness in Greek civil justice.
4. Greek civil proceedings are fundamentally determined by the parties. According to the principle of the parties’ control of the cause of action, the parties determine the subject matter of the proceeding and furthermore if and when it is initiated and terminated. Furthermore, the parties are responsible for the determination of the relevant facts and for their proof. In essence litigations before Greek civil courts are adversarial.
5. An appeal against judgments of first instance courts permits the whole reexamination of the case in all legal and factual aspects. On the contrary the final appeal to the “Areios Pagos”, the highest Greek civil court, concerns only legal issues. The reexamination of factual issues of the case is excluded
6. Enforcement proceedings are very important for the efficiency of the civil justice. The rules concerning the enforcement of civil judgments and other enforcement titles attempt to create a balance between efficiency of the legal protection of creditor’s rights on the one hand and the respect of debtor’s fundamental rights and interests on the other.
7. Greek procedural law guarantees on the one hand the fair trial and the independence of the judges and on the other provides remedies and proceedings, which are very important for the effective protection of private legal rights.
