Common use of Justice Clause in Contracts

Justice. The authorities will implement the three-year strategic plan for the improvement of the functioning of the judicial system. The plan encompasses key actions aimed at enhancing judicial efficiency, speeding up judicial proceedings and addressing shortcomings in the functioning of courts such as, but not limited to, collecting information on the situation of the courts, computerization, developing alternative means for dispute resolution, such as mediation, rationalizing the cost of litigation and improving in court functioning and court management. The authorities will as prior actions: (a) adopt an amendment of the Code of Civil Procedure and the necessary enabling legislation to allow for the adoption of a Ministerial Decision to regulate all relevant details and requirements, substantive, procedural and technical, allowing the implementation of electronic auctions; (b) adopt said Ministerial Decision, (c) enact the necessary transitional provision enabling parties to judicial enforcement proceedings to opt, immediately upon its publication in the Official Journal, for an electronic auction even if the ▇▇▇▇▇▇▇ was imposed at any time prior to the amendment; and (d) deliver the pilot version of the electronic platform. The subsequent conduct of testing and training, in order for the platform to be finalized and become fully operational, complete with an end-user manual, will be completed, by end-July 2017, for the effective conduct of electronic auctions (key deliverable). By end-September 2017, as a key deliverable, the authorities will amend the Code of Civil Procedure, the insolvency law and other related laws to strengthen the position of secured creditors by aligning the treatment of secured credit with EU best practices, placing secured credit in a position of priority, which will allow lenders to provide financing based on the market value of the collateral. This modification of the ranking of claims will only apply to new secured credit extended after the legal amendments are adopted and enter into force. The authorities, in order to implement the provisions of Article 1 (Ninth Article) of Law 4335/2015 concerning the implementation of Article 237(4)(e) and (f) and (6)(b) and (c) of the CCP, regarding the registration of cases in the e-docket will provide for a roadmap for the implementation of the registration of cases in the e-docket by November 2016, and submit the Presidential Decree to the Council of State, by December 2016, in view of immediate adoption further to the conclusion of the constitutionality control. The authorities, making use of technical assistance as appropriate, will: i. Integrate in the growth strategy the three-year strategic plan for the improvement of the functioning of the judicial system, since timely, efficient and reliable justice is a key driver for growth, and implement the plan according to its schedule; ii. Propose measures to reduce the backlog of cases in civil courts (February 2017); iii. Agree on an action plan with the Institutions including technical assistance, to improve e-justice, mediation and judicial statistics and disseminate the relevant information to the legal practitioners and the public at large, so as to increase awareness of the availability of these mechanisms and encourage their use (February 2017).

Justice. The authorities will implement the three-year strategic plan for the improvement of the functioning of the judicial system. The plan encompasses key actions aimed at enhancing judicial efficiency, speeding up judicial proceedings and addressing shortcomings in the functioning of courts such as, but not limited to, collecting information on the situation of the courts, computerization, developing alternative means for dispute resolution, such as mediation, rationalizing the cost of litigation and improving in court functioning and court management. The authorities will as prior actions: (a) adopt an amendment of the Code of Civil Procedure and the necessary enabling legislation to allow for the adoption of a Ministerial Decision to regulate all relevant details and requirements, substantive, procedural and technical, allowing the implementation of electronic auctions; (b) adopt said Ministerial Decision, (c) enact the necessary transitional provision enabling parties to judicial enforcement proceedings to opt, immediately upon its publication in the Official Journal, for an electronic auction even if the ▇▇▇▇▇▇▇ seizure was imposed at any time prior to the amendment; and (d) deliver the pilot version of the electronic platform. The subsequent conduct of testing and training, in order for the platform to be finalized and become fully operational, complete with an end-user manual, will be completed, by end-end- July 2017, for the effective conduct of electronic auctions (key deliverable). By end-September 2017, as a key deliverable, the authorities will amend the Code of Civil Procedure, the insolvency law and other related laws to strengthen the position of secured creditors by aligning the treatment of secured credit with EU best practices, placing secured credit in a position of priority, which will allow lenders to provide financing based on the market value of the collateral. This modification of the ranking of claims will only apply to new secured credit extended after the legal amendments are adopted and enter into force. The authorities, in order to implement the provisions of Article 1 (Ninth Article) of Law 4335/2015 concerning the implementation of Article 237(4)(e) and (f) and (6)(b) and (c) of the CCP, regarding the registration of cases in the e-docket will provide for a roadmap for the implementation of the registration of cases in the e-docket by November 2016, and submit the Presidential Decree to the Council of State, by December 2016, in view of immediate adoption further to the conclusion of the constitutionality control. The authorities, making use of technical assistance as appropriate, will: i. Integrate in the growth strategy the three-year strategic plan for the improvement of the functioning of the judicial system, since timely, efficient and reliable justice is a key driver for growth, and implement the plan according to its schedule; ii. Propose measures to reduce the backlog of cases in civil courts (February 2017); iii. Agree on an action plan with the Institutions including technical assistance, to improve e-justice, mediation and judicial statistics and disseminate the relevant information to the legal practitioners and the public at large, so as to increase awareness of the availability of these mechanisms and encourage their use (February 2017).