Remedies and enforcement

• Author: Theodoridis, Athanasios
• Pages: 65-70

65

6 REMEDIES AND ENFORCEMENT

6.1 Judicial and/or administrative procedures (Article 7 Directive 2000/43,

Article 9 Directive 2000/78)

a) Available procedures for enforcing the principle of equal treatment

In Greece, the following procedures exist for enforcing the principle of equal treatment

(judicial, administrative, or alternative dispute resolution such as mediation).

Firstly, Article 8 of Equal Treatment Law 4443/2016 enshrines Article 7 of Directive

2000/43 and Article 9 of Directive 2000/78.

A victim of discrimination in the private sector, including in the field of employment, can

raise a complaint before the Greek civil courts and criminal courts, or can choose, through

his/her attorney, to reach an extrajudicial settlement, even through mediation.

A victim in the public sector, including in the field of employment, can raise a complaint

not only before the civil and criminal courts but also before the administrative courts (in

accordance with the jurisdictional requirements related to the competence of the courts).

People with disabilities are entitled to request information to be supplied and/or trials to

be held using alternative formats, for example using sign language or information in Braille.

All the courts are physically accessible for people with disabilities (e.g. wheelchair users).

There are administrative procedures which allow for the inspection of workplaces, schools

and public buildings (i.e. inspections in relation to people with disabilities and their

needs).175

According to Article 44 of Law 3386/2005,176 as amended by Article 42 of Law

3907/2011,177if a criminal prosecution has been initiated, victims of criminal acts under

Articles 1 and 7 of the basic Anti-racism Law 927/1979178 may be granted a residence

permit on humanitarian grounds until the judgment is issued. If the victims are undergoing

medical treatment, the duration of the permit is extended until the treatment is completed,

regardless of its relevance to the crime.

The above procedures are binding in both the private and public sectors.

b) Barriers and other deterrents faced by litigants seeking redress

The principal barrier that litigants face is the requirement to instruct a lawyer, because the

fees are very high for the victim.

Moreover, on 30 January 2011, in accordance with Ministerial Decision KYA 123827//23-

12-2010, the fee that has to be paid to the police in order to register a complaint before

the criminal courts was increased by 900 % (EUR 100 instead of EUR 10). This seems to

constitute a deterrent to seeking redress.

There is no separate procedure for legal aid in relation to discrimination cases. The general

procedure applies. Responsibility for legal aid is shared between the Ministry of Justice, the

courts and the bar associations. In civil, administrative and criminal cases, a person who

lacks the financial means to pay for legal aid submits an application to the Ministry of

175 Ministry of Interior (2007),      (Guide for disabled citizens), Chapter 2.8,

available in Greek at: http://www.nath.gr/photos/amea_2007.pdf.

176 Law 3386/2005 on the entry, stay and social integration of third-country nationals in Greek territory (OJ 90

A /18.04.2013).

177 Law 3907/2011 on the establishment and organisation of the Asylum Service et al. (OJ 7 A/ 26.01.2011).

178 Law 927/1979 on penal sanctions for acts of discrimination based on race (OJ 139 A/28.6.1979).