Fields of Intervention

14. What is the relation between the Greek Ombudsman and the courts?

  • The Greek Ombudsman cannot provide you with legal counsel, nor can it represent you in court. In order to be represented in court you need to contact an attorney, and if you cannot afford it, you may contact the competent Lawyers’ Association, while, for any relevant information, you may contact the secretariat of the court before which you have been summoned or you wish to file legal action with.
  • As long as your case remains pending before any court (administrative, civil, or criminal) and/or any other judicial or public prosecuting authority, the Greek Ombudsman cannot intervene. If you have already submitted a complaint and, at some future time, you decide to take the same case to court, the Greek Ombudsman is obliged to cease its intervention. You may turn to the Greek Ombudsman for the very same case if the case is under preliminary investigation by a judge or a public prosecutor but not if an inquest is in progress.
  • Only in the case of complaints for gender discrimination, the Greek Ombudsman continues its investigation should the complainant take the case to court.  In that case, the Greek Ombudsman continues its mediating effort towards the resolution of the issue until the first time the case is heard before the court or until a request for provision of temporary judicial protection is filed.
  • A complaint made to the Greek Ombudsman or an intervention by the Greek Ombudsman does not suspend the deadlines within which you may take your case to court or appeal a court decision. The deadlines continue to be in force regardless of the submission of a complaint  and a following intervention by the Authority. Information on those deadlines or any other prerequisite or process involving legal action may be provided only by an attorney.
  • For a case that a court decision has already been issued, you may have recourse to the Greek Ombudsman only if the court decision was in your favour and the administration takes no action towards implementing it (unless you have taken your case before the “Committee of Law 3068/2002”, in which case the Greek Ombudsman cannot intervene at the same time). However, you cannot ask the Greek Ombudsman for help if the court decision was not in your favour since, in that case, the administration is obliged to implement it and the Greek Ombudsman could not possibly make any recommendations as to the opposite.

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