Court of Cassation (Greece)
Encyclopedia
The Court of Cassation ' onMouseout='HidePop("90087")' href="/topics/Areopagus">Areopagus
, i.e. the "Stone, or Hill, of Ares
") is the Supreme Court
of Greece
for civil and criminal law. The Court of Cassation's decisions are irrevocable. If the Court of Cassation concludes that a lower court violated the law or the principles of the procedure, then it can order the rehearing of the case by the lower court. It examines only legal and not factual issues and it is the highest degree of judicial resort. The current President of the Court is Georgios Kalamidas. The court consists of the President and the Attorney General, ten Vice-Presidents, fifty five Areopagites and fourteen Deputy Attorney Generals. The members of the Supreme Court enjoy functional and personal independence, as do all members of the judiciary, and are members for life, but they are required by law to retire at the age of 67 (article 87 paragraph 1 and article 88 paragraphs 1 and 5 of the Constitution
).
and King Cecrops
, which was situated on the rocky hill named after the god Ares
in Athens
. This highest court of antiquity was named The Areios Pagos Parliament and consisted of members for life, the Areopagites, who held all powers. In 462 BC a great part of the administrative and judicial powers was conveyed to the Heliaia
, the 'Parliament' and the Ekklisia
(public assembly). The institution was copied in many Greek city-states, and survived until well into the late Roman period, when the cities' internal autonomy was curtailed.
On 16 October 1834, Areios Pagos was founded as the Supreme Court of modern independent Greece by royal decree. Instead of giving the name Court of Cassation, it was finally decided for the Supreme Court to be named in honour of its ancient equivalent. The first Supreme Court Justices were nominated on 13 January 1835 by royal decree. The first President of the Supreme Court was Christodoulos Klonaris (1788-1849), attorney at law in the city of Nafplion
and the Minister of Justice in the government of Ioannis Kapodistrias
. The first Attorney General was Andronikos Paekos, who up until then was the presiding judge of the temporary court of Missolonghi.
Among the Areopagites there was also Anastasios Polyzoidis
, up until then presiding judge of the temporary court of Nafplion, famous for his refusal, along with fellow judge Georgios Tertsetis, to sign the conviction of the hero of the Greek Revolution, Theodoros Kolokotronis
.
The first case of the Supreme Court (1/1835) was tried on 30 April 1835 and the decision was published on 1 May 1835.
Areopagus
The Areopagus or Areios Pagos is the "Rock of Ares", north-west of the Acropolis, which in classical times functioned as the high Court of Appeal for criminal and civil cases in Athens. Ares was supposed to have been tried here by the gods for the murder of Poseidon's son Alirrothios .The origin...
, i.e. the "Stone, or Hill, of Ares
Ares
Ares is the Greek god of war. He is one of the Twelve Olympians, and the son of Zeus and Hera. In Greek literature, he often represents the physical or violent aspect of war, in contrast to the armored Athena, whose functions as a goddess of intelligence include military strategy and...
") is the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
of Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
for civil and criminal law. The Court of Cassation's decisions are irrevocable. If the Court of Cassation concludes that a lower court violated the law or the principles of the procedure, then it can order the rehearing of the case by the lower court. It examines only legal and not factual issues and it is the highest degree of judicial resort. The current President of the Court is Georgios Kalamidas. The court consists of the President and the Attorney General, ten Vice-Presidents, fifty five Areopagites and fourteen Deputy Attorney Generals. The members of the Supreme Court enjoy functional and personal independence, as do all members of the judiciary, and are members for life, but they are required by law to retire at the age of 67 (article 87 paragraph 1 and article 88 paragraphs 1 and 5 of the Constitution
Constitution of Greece
The Constitution of Greece , was created by the Fifth Revisional Parliament of the Hellenes and entered into force in 1975. It has been revised three times since, most significantly in 1986, and also in 2001 and in 2008. The Constitutional history of Greece goes back to the Greek War of...
).
History
The Areios Pagos is named after the first court of androfonies (Crimes of murder), founded somewhere between 1500-1300 BC by TheseusTheseus
For other uses, see Theseus Theseus was the mythical founder-king of Athens, son of Aethra, and fathered by Aegeus and Poseidon, both of whom Aethra had slept with in one night. Theseus was a founder-hero, like Perseus, Cadmus, or Heracles, all of whom battled and overcame foes that were...
and King Cecrops
Cecrops I
Cecrops was a mythical king of Athens who is said to have reigned for fifty-six years. The name is not of Greek origin according to Strabo, or it might mean 'face with a tail': it is said that, born from the earth itself, he had his top half shaped like a man and the bottom half in serpent or...
, which was situated on the rocky hill named after the god Ares
Ares
Ares is the Greek god of war. He is one of the Twelve Olympians, and the son of Zeus and Hera. In Greek literature, he often represents the physical or violent aspect of war, in contrast to the armored Athena, whose functions as a goddess of intelligence include military strategy and...
in Athens
Athens
Athens , is the capital and largest city of Greece. Athens dominates the Attica region and is one of the world's oldest cities, as its recorded history spans around 3,400 years. Classical Athens was a powerful city-state...
. This highest court of antiquity was named The Areios Pagos Parliament and consisted of members for life, the Areopagites, who held all powers. In 462 BC a great part of the administrative and judicial powers was conveyed to the Heliaia
Heliaia
Heliaia or Heliaea was the supreme court of ancient Athens. Τhe view generally held among scholars is that the court drew its name from the ancient Greek verb , which means , namely congregate. Another version is that the court took its name from the fact that the hearings were taking place...
, the 'Parliament' and the Ekklisia
Ecclesia (ancient Athens)
The ecclesia or ekklesia was the principal assembly of the democracy of ancient Athens during its "Golden Age" . It was the popular assembly, opened to all male citizens over the age of 30 with 2 years of military service by Solon in 594 BC meaning that all classes of citizens in Athens were able...
(public assembly). The institution was copied in many Greek city-states, and survived until well into the late Roman period, when the cities' internal autonomy was curtailed.
On 16 October 1834, Areios Pagos was founded as the Supreme Court of modern independent Greece by royal decree. Instead of giving the name Court of Cassation, it was finally decided for the Supreme Court to be named in honour of its ancient equivalent. The first Supreme Court Justices were nominated on 13 January 1835 by royal decree. The first President of the Supreme Court was Christodoulos Klonaris (1788-1849), attorney at law in the city of Nafplion
Nafplion
Nafplio is a seaport town in the Peloponnese in Greece that has expanded up the hillsides near the north end of the Argolic Gulf. The town was the first capital of modern Greece, from the start of the Greek Revolution in 1821 until 1834. Nafplio is now the capital of the peripheral unit of...
and the Minister of Justice in the government of Ioannis Kapodistrias
Ioannis Kapodistrias
Count Ioannis Antonios Kapodistrias |Academy of Athens]] Critical Observations about the 6th-Grade History Textbook"): "3.2.7. Σελ. 40: Δεν αναφέρεται ότι ο Καποδίστριας ήταν Κερκυραίος ευγενής." "...δύο ιστορικούς της Aκαδημίας κ.κ...
. The first Attorney General was Andronikos Paekos, who up until then was the presiding judge of the temporary court of Missolonghi.
Among the Areopagites there was also Anastasios Polyzoidis
Anastasios Polyzoidis
Anastasios Polyzoidis was a Greek politician and judicial official.He was born in Melnik, Ottoman empire , where he graduated local Greek school. From 1818 he was studying law, history and social studies in Vienna, Göttingen and Berlin. At the outbreak of the Greek War of Independence, he...
, up until then presiding judge of the temporary court of Nafplion, famous for his refusal, along with fellow judge Georgios Tertsetis, to sign the conviction of the hero of the Greek Revolution, Theodoros Kolokotronis
Theodoros Kolokotronis
Theodoros Kolokotronis was a Greek Field Marshal and one of the leaders of the Greek War of Independence against the Ottoman Empire....
.
The first case of the Supreme Court (1/1835) was tried on 30 April 1835 and the decision was published on 1 May 1835.