Greece - 2012
Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?
- Code:
- RED13
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
Yes, but is hardly implemented |
|
| Qualitative Info |
According to the HLHR-KEMO/i-RED RAXEN Reports: As the Ombudsman explains: ‘In many cases, however, despite the fact that there had been confirmation of direct or indirect discrimination, enforcing the relevant provision was possible only by means of analogy. The problem stems from the fact that the crucial act or omission on the part of the public agency involved fell within the scope of its authoritative(‘κυριαρχική διοίκηση’) rather than its public service (‘παροχική διοίκηση’) jurisdiction and/or was beyond the regulatory scope of Statute No 3304/2005. Therefore, it was impossible in many cases to utilize the newly revised provision regarding the shift of burden of proof.’ [1 &2]/ Source:
|
|
| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities | |
| Type (R/D) | ||
| Key socio-economic / Institutional Areas | Anti-discrimination | |
| External Url | ||
| Situation(s) |
|
|
| Library |
|