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Διοικητικο Δίκαιο Δικηγορος

ADMINISTRATIVE LAW LAWYER

What does an Administrative Law lawyer do?

The Administrative Law lawyer deals with the rules of law that govern the relations of natural and legal persons with the State. Objections, the administrative appeal, the application for annulment, the petition before the administrative courts, the appeal and the cassation are the principal legal remedies through which cases are pursued before Authorities and Courts.

Administrative disputes are all manner of cases that arise in the context of the operation of the Public Administration and the exercise of public authority by it. Administrative organs of every kind, whether single-member or collegiate, not infrequently act in breach of the principle of legality, creating serious problems for natural and legal persons. Such acts, however, as well as omissions of State organs, are reviewed by the ordinary Administrative Courts and the Council of State (StE), which have the power, under the Constitution and the laws governing their operation, to annul or amend the acts of the administration. In this context, it is also possible to claim reasonable and fair compensation for the restoration of damage suffered by the citizen as a result of such acts or omissions of the administration.

By way of example, our office undertakes representation before competent Courts in cases of annulment disputes and disputes on the merits. We also draft and file every type of legal remedy or recourse related to all the above disputes, such as cassations, appeals, oppositions for default judgments, and lawsuits. By way of illustration, cases concerning the service-related career advancement of doctors and military personnel, the legal resolution of disputes arising from the imposition of municipal duties and taxes, public tenders, the granting of pensions, the claiming of allowances, as well as compensation lawsuits. We support our clients in an advisory capacity and before the competent Authorities and Courts in cases of tax disputes and undertake their resolution either through amicable settlement or by lodging the appropriate legal remedies.

In addition, with significant experience in the field of Ecclesiastical Law, we provide services in administrative law matters concerning the legal relations of Parishes, Metropolises and Monasteries.

Can you mention, from your experience, successful decisions in administrative disputes between your clients and the administration?

  1. Service-related career advancement of doctors. Drafting and filing of pleadings and representation before Courts and Authorities.
  2. Service-related career advancement of military personnel. Drafting and filing of pleadings and judicial representation before Courts and Authorities.
  3. Service-related career advancement of University faculty. Drafting and filing of pleadings and representation before Courts and Authorities.
  4. Disputes concerning municipal duties and taxes. Drafting and filing of pleadings and representation before Courts and Authorities.
  5. Tax disputes. Advisory support and representation before Courts and Authorities.
  6. Social security law. Advisory support, drafting of pleadings, representation before Courts and competent Authorities.
  7. Implementation acts. Representation in disputes arising before Courts and Authorities.
  8. Town-planning expropriations. Drafting and filing of pleadings and representation before Courts and Authorities.
  9. Public tenders. Advisory support services and representation before Courts and Authorities.
  10. Ecclesiastical law cases. Advisory support and representation services before Courts and Authorities in Administrative law disputes of Parishes, Metropolises and Monasteries.

What services are offered by an administrative law lawyer at your office?

  1. Spatial Planning – Town Planning Law and Building Law: We provide services concerning spatial and town-planning schemes, implementation acts of town-planning studies, town-planning expropriation, building matters, building permits, unauthorised constructions, fines for unauthorised constructions, the protection of off-plan property, fines for town-planning infringements of every kind, petitions against acts of the town-planning authority, etc.
  2. Environmental Law: We provide services concerning all elements of the environment (natural and built), with particular emphasis on environmental licensing, environmental liability, infringements and related fines, waters, streams, special protection regimes (Natura 2000, the seashore zone, etc.), waste management, environmental financing instruments, etc. Particular attention is also paid to the EU dimension of environmental law, as a pillar of local community development.
  3. Petitions by residents against projects affecting the environment: We provide services concerning collective applications for annulment by residents or any kind of affected parties against decisions approving environmental terms, on grounds of degradation of their environment. Support is also provided in drafting denunciations before the competent public authorities, as well as before the European Commission.
  4. Environmental Licensing: We provide services concerning the environmental licensing of projects, activities, plans and programmes (approvals of environmental terms, Strategic Environmental Impact Studies, etc.), at both administrative and judicial level.
  5. Environmental harm and petition before the European Court of Human Rights: We provide services concerning the protection of Individual Rights relating to the environment (personality, private life, health, life), as enshrined in the Constitution and in International Conventions, as well as in the EU Charter of Fundamental Rights. In particular, we undertake petitions before the European Court of Human Rights (ECHR) for a variety of specific rights protected under the European Convention on Human Rights, e.g. due to long-pending non-implemented town-planning expropriations.
  6. Forestry Law: We provide specialised services in the field of forestry legislation (classifications, reforestation, Forest Maps, interventions in forests, forest police regulations, hunting, management of forest ecosystems, etc.), at the level of advisory and judicial representation.
  7. Antiquities and cultural heritage law: We provide specialised services in the field of protection of monuments of every kind, archaeological sites, listed buildings, antiquities, modern monuments and cultural property in general, at the level of advisory and judicial representation.
  8. Unauthorised Construction: We provide services concerning judicial and administrative protection from the sanctions for unauthorised construction (on-site inspection reports), etc., as well as legal support to the engineer in proceedings for inclusion under the laws on unauthorised constructions.
  9. Energy Law: We provide services concerning administrative energy law, energy projects, and their town-planning and environmental aspects. We also provide legal support in proceedings before the Regulatory Authority for Waste, Energy and Water (RAAEY) and against its decisions before the Athens Administrative Court of Appeals.
  10. Administrative Law: The relations between the State and the citizen are at the heart of our practice. Advice and support are provided on all manner of administrative matters.

FREQUENTLY ASKED QUESTIONS ON ADMINISTRATIVE LAW

1. What is the deadline for challenging a decision electing a faculty member (DEP)?

Answer: The deadline for filing an application for annulment against an act electing or promoting a faculty member (DEP) before the Council of State (StE) or the Administrative Court of Appeals is 60 days from the service of the decision or its publication. Given the complexity of the APELLA system, timely legal review of the minutes is critical for identifying flaws in the reasoning.

2. When is a student entitled to an exceptional transfer?

Answer: An exceptional transfer is granted in particularly serious cases that arise after the end of the regular transfer period. The most common grounds include serious health problems of the student or a first-degree relative, unforeseen financial hardship, or serious family reasons. The application is examined by a special committee and requires a fully documented file of supporting evidence.

3. What is the administrative appeal and why is it necessary?

Answer: The administrative appeal is a preparatory stage before petitioning the courts, in which the citizen asks the administration itself (e.g. the Dispute Resolution Directorate (DED) for tax matters or the Ministry of Education) to reconsider an act. It is mandatory in many cases of administrative disputes; if it is omitted, the subsequent judicial petition may be dismissed as inadmissible.

4. Can an administrative act be annulled on grounds of improper composition of the organ?

Answer: Yes, the improper composition of the administrative organ (e.g. of an electoral body or a disciplinary council) constitutes a formal ground for annulment of the act. This occurs where members of the organ did not have the lawful capacity, where there was an impediment to participation, or where the rules of quorum were violated when the decision was taken.

 

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