Archive note: This text comes from the old archive of Nomika Epilekta and is preserved with care for historical and informational reading.
In our country, while production is decreasing together with income, laws are increasing. Parliament excels at producing laws. Mainly in the field of taxation and in the recognition of international treaties, which, however, are rarely applied. Some Balkan way is always invented to violate them. The application of laws is checked by the courts in the way we more or less know: with leniency for the powerful and excessive severity for the powerless, who are literally destroyed by inhuman penalties that do not reform. Besides, the purpose of punishment in Greece, which we want to remain underdeveloped and marginal, is to destroy and not to improve the convicted citizen. This has now become common consciousness. After the application of the Treaty of Lisbon, from 1 December 2009, the courts have the obligation to apply that treaty and the Charter of Fundamental Rights of the European Union (CFR), as the Plenary Session of the Areios Pagos also decided [Nomika Epilekta: "The Areios Pagos quashed the conviction of Greek citizens"]. With the application of the CFR there is hope that the judiciary will improve, that instead of destruction the process of correction and social "reintegration" of the convicted person will be activated, without stigmatization and inhumanity, and that the true and equal application of the law will be achieved, without today's unforgivable discriminations.
However, in practice one observes hesitation in applying European legislation, either because of ignorance or because of the contempt for international legality that is seen in all underdeveloped states, which in a complex-ridden way regard their domestic legislation (together with national judicial decisions) as the only law that produces binding force. Foreign legislation, as well as international and European laws, are usually pushed aside with obvious contempt as "foreign products". In Greece, contempt for international and European treaties on the part of those competent to apply them has assumed great dimensions. This is certified by the numerous condemnations of the country by the European Court of Human Rights (ECtHR) and by the financial consequences that every such condemnation entails against the state budget. Apart from our international disgrace. Until recently, within 2011, apart from international treaties and agreements, the Greek courts did not recognize foreign law or the judicial decisions of other European states concerning criminal convictions or acquittals, invoking the so-called "international criminal law" of the Greek Criminal Code. With great delay our courts are beginning to accept as existing and as producing consequences the judicial decisions that come from Europe. Yet again, they do so with mistrust and suspicion. Thus a tragicomic situation is created, because in many cases the decision of another European Union state is recognized by the Greek courts in a manner that leads to harsh situations of obvious illegality. For example, recently (on 06.12.2011), a Greek Court of Appeal, recognizing (with displeasure) the res judicata of a Dutch criminal judgment, applied Article 50 of the CFR and acquitted the already convicted Greek citizen, but at the same time managed to convict him without any lawful condition being present, through a legally unbelievable construction (to a penalty greater than that imposed by the Dutch court). Thus it seems that the peculiar "sense of justice" was satisfied, that is, the egoism and small-minded nationalism that springs from the complex that "we do not accept instructions and we are not bound by your judicial decisions, Europeans, because when we were building Parthenons, you were living in trees"! This is the dominant mentality in our country regarding the bad application of the laws, which is carried out unequally so that the strong are favored and the weak are wronged, and which must urgently change. So that we cease to be considered underdeveloped, unevolved and incurably picturesque. So that we become serious, because, truly, even if no other state power functions properly, the citizen needs to believe that the judges are the last hope for the rendering of justice [Nomika Epilekta "Judicial power"]. And there is no rendering of justice without the faithful and equal application of the laws for everyone, with leniency, individualization and humanity.
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