greece talk
TRANSCRIPT
Singapore, 2011
KLEOPATRA KOUTRA, LL.M.
Athens Bar Association ◦ Attempt to challenge the validity of the MoU
between Greece and its creditors (EU and the IMF) on constitutional grounds.
◦ June 21, 2011: Greece’s Council of State (High Court) ruled that it does not violate the Constitution due to the outstanding economic circumstances – public policy. Not an international treaty - no need of the 3/5 of the votes in the Parliament to have the MoU voted – a majority of 50%+1 was enough
◦ Now challenge Before the European Human Rights Court
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-Population: app.11,2 million (in Greece) - Coastline: app.16.200 klm
Official language – Greek (only)
Democracy – Laws mainly made by Parliament
Structure of Law – Civil Law (mainly German influence)
Structure of Judicial system – Subordinate Courts, Court of Appeal, High Court(s)
Member of the EU since 1981 ◦ supremacy of European Law
◦ European Courts
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Poor state? – poor people???? Greeks have 600 billion Euros in Swiss bank accounts (Der Spiegel, 7
February 2011)
Main industries: Shipping, Tourism and Energy According to the BTS, the Greek-owned maritime fleet is one of the three
largest in the world,
Centralized provision of legal services Balkan Area (training and language skills of Greek lawyers)
Cyprus – holding companies
Foreign companies may be established in Greece according to the provisions of Law 89/1967: aiming exclusively at the provision of the following services to their head-
offices or affiliates abroad: Consulting services, Centralized accounting services, Quality control of production, products, procedures and services, Preparation of studies, designs and contracts, Advertising and marketing services,Data processing services, Receipt and supply of Information and Research & Development services.
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Foreign companies may be established in Greece according to the provisions of Law 89/1967: ◦ permits foreign shipping enterprises to establish a base in Greece from which
to manage their operations outside Greece
◦ almost all shipping companies
◦ great tax incentives
◦ labor law incentives
Quick and Efficient Procedure to set-up a Greek company One stop-shop (5 working days)
Minimum capital for companies and partnerships
Attraction of Asia investors Chinese shipping company Cosco took full control of container terminals in the
port of Pireus, leasing it for 35 years for almost $5 billion
BUT dispute resolution: time consuming (5 years) - settlements
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Court of First Instance – District – Bar Association
Restrictions for lawyers of other Bar Associations – esp. branches of law firms
Essential cooperation
Regime expected to change very soon
Branches of law firms - CANNOT
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Lawyer : self-employed or employee
Law offices vs Law firms
Law firms of 2 people– beware!
Law firms – up to 120 lawyers
International Law Firms - branches
In house lawyers
Expertise : Boutique Law firms vs Big Law Firms
Foreign trained lawyers in Greece (LL.Ms) and language skills
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EU Lawyers ◦ can practice as avocato (IT), solicitor (UK) etc-capacity to
appear before courts BUT need to register with a Bar Association (EU registered lawyers)
Non-EU lawyers ◦ complete formalities to provide services as employees – no
capacity to appear before courts
Admission to Bar Association
Athens Bar Association (circa 23.000 members – but some “inactive”) ◦ LL.B. from Greek university or recognized university by the National
Academic Recognition Information Centre
◦ 18-month training contract
◦ Exams (oral and written) – in Greek
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Minimum fees by law ◦ Court cases (from 64 up to app. 2000 Euro)
◦ Consulting services (min. 64 Euros/ hour)
Variations by agreements– even lower
VAT 23%
Regime expected to change very soon – big debate
Salaries for young lawyers (starting from 800 Euro)
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See: ◦ Supreme Court:
http://www.areiospagos.gr/en/INDEX.htm
◦ http://www.ministryofjustice.gr/site/en/Leadership/Greetings.aspx
◦ Council of State: http://www.ste.gr/councilofstate/index_gr.jsp
◦ Athens Bar Association: Http://www.dsa.gr/index.phtml?url=welcome
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Kleopatra Koutra
Athens Bar Association Reg. No.: 29740
Mob (Gr): +306947126681
Spyridonos Law Firm ◦ 55, Skoufa str. 10672 Athens Greece
◦ Tel: +302103644436
◦ E: [email protected]
◦ E(personal): [email protected]
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THANK YOU!
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