In our article in Kathimerini (12/19/2021), we wrote that the main reason for delays in justice (late trial) is the blowing up of claims (multiple trial). In addition, in our other article, again in “Kathimerini” (01/17/2021), we pointed out the sequence between inflating lawsuits and inflating lawyers – judges / prosecutors. In today’s article, we will focus for a while on multiple litigation, this explosive socio-judicial phenomenon that has exploded the country’s judicial system.

There are many reasons for multiple litigation. But they are not equally important. One of the most important is in the sequence we mentioned above: Inflation of lawyers-judges/prosecutors contributes to an increase in the number of lawsuits. Other important reasons, which are to some extent supported by the above, are the instrumental and/or opportunistic use of litigation. What we mean: We mean going to court and having a trial. [σε πρώτο (πρωτοδικείο), ακολούθως σε δεύτερο (εφετείο) βαθμό και, εντέλει, κατ’ αναίρεσιν, στο ΣτΕ ή στον Α.Π.] in fact, this is not done in order to seek judicial protection, to seek judicial resolution of the dispute. This is done for another, someone else’s goal, and the court is used to achieve this someone else’s goal. Who could it be?

It can be a manifestation of passionate feelings, such as deep dislike, acute resentment, resentment and revenge, a wounded ego and other negative, unfriendly feelings. Litigation is used as a “tool” to cause intense, painful annoyance and harm that will harm the other party by causing them mental distress and deterioration, property damage, and/or social notoriety. This alien goal, with its many variations, is not the only one. There are others. To name a few, only indicatively.

One is to go to court with the ultimate and only true purpose of the appellant – be it an individual (individual or entity), or the State, or a PTA, or one of the myriad entities of the broader public sector – to obtain a delay or reversal of a valid legal obligation. , which he has in relation to his opponent.

Another purpose of going to court is to create an additional field of conflict with a person (individual or legal) who is an opponent or competitor in the field of economics, politics or in another area, and this is in order for the person who applied to the court to get his negotiation or blackmailing capabilities that he doesn’t even have, or amplify those he might have.

In addition to lawsuits that are opened for one or another of the above purposes, there are lawsuits that are unconditionally aimed at obtaining judicial protection. However, there are processes that are too numerous in Greece, especially before the start of the financial crisis, which are often adventurous. These are litigations involving many hundreds and sometimes thousands of claimants that do not start at the initiative of the claimants and are aimed at suing for benefits and other, usually economic/income benefits received by others.

The space of the salutatory “Kathimerini” does not allow clarifying or expanding the above vague and necessarily elliptical typology of offensive claims. That is why we confine ourselves to the following thoughts:

It can be said that the use of the court to achieve even goals such as those mentioned above develops, as a result, a socially useful function, since it removes social tensions, conflicts and rivalries without (private) violence. To a large extent this may be true. Except that litigation that serves such purposes is not litigation, which the Constitution implies in the provision of Article 20 par. 1 guaranteeing the right of everyone to apply to the court for a remedy. The Constitution requires that an appeal to a court not be made lightly, without consideration and, above all, with motives and purposes similar to those mentioned above.

The Constitution requires those who are responsible for the activities of the judiciary of the country to seek, and the legislator to establish, procedural rules that will prevent unreasonable appeals to the courts, which will prevent malicious litigation, which will protect the court, as an institution of a modern legal state, only for those who really needs it.

Until these institutions are created, and if they are, they are not even supported by the bailiffs themselves, justice will remain in the power of those who use it to their advantage, and will continue to be unable to serve all those who struggle and suffer. trying to find their right to achieve justice.

* Mr. Panagiotis K. Tsoukas is State Counselor.
Ms. Eleni Kulentianu is the head of the Council of Ministers.
Mr. Konstantinos N. Georgakopoulos is the CoE Rapporteur.
Ms. Irini Spanaki is the Rapporteur of the Council of Europe.
Mr. Dimitrios Tsarouhas is the head of the Council of Ministers.
All respondents are members of the Board of Directors. Union of Bailiffs of the Supreme Court.