O ΑΝΑΙΡΕΤΙΚΟΣ ΕΛΕΓΧΟΣ ΤΗΣ ΑΡΧΗΣ ΤΗΣ ΑΝΑΛΟΓΙΚΟΤΗΤΑΣ ΣΤΗΝ ΠΟΛΙΤΙΚΗ ΔΙΚΗ

The Review before the Greek Supreme Court of the Principle of Proportionality Andreas A. Papastathis Attorney at Law, LL.M. Abstract: This essay refers to the interpretation and understanding of the re- view before the Greek Supreme Court of the principle of proportionality and in its delimitation, in the light of the specialization of the indefinite legal con- cepts of the provisions of law and in particular about the reasonable pecuniary compensation for the moral damage (Art. 932 of the Greek Civil Code). The implications of this issue are related to the differentiation between legal and factual issues in the appeal proceedings, with the latter being unverified by the Greek Supreme Court. The analysis is based on the findings of the procedural theory and the jurisprudence. It consists of three main parts, the most notable being the one where the importance of the principle of proportionality is an- alysed as an evaluative content of the reasonable pecuniary compensation of the moral damage. In conclusion, a critical review is attempted, along with the writer's standpoint, on the settled case law of the Greek Supreme Court, which recognizes that the reasonable pecuniary compensation for the moral damage is retractable, not directly as an indefinite legal concept, but only through review- ing the compliance with the principle of proportionality. ISBN 978-960-622-511-6 COPYRIGHT All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission of NOMIKI BIBLIOTHIKI S.A., or as expressly permitted by law or under the terms agreed with the appropriate reprographic rights organisation. En- quiries concerning reproduction which may not be covered by the above should be addressed to NOMIKI BIBLIOTHIKI S.A. at the address below. DISCLAIMER The content of this work is intended for information purposes only and should not be treated as legal advice. The publication is necessarily of a general nature; NOMI- KI BIBLIOTHIKI S.A. makes no claim as to the comprehensiveness or accuracy of the information provided; Information is not offered for the purpose of providing individualized legal advice. Professional advice should therefore be sought before any action is undertaken based on this publication. Use of this work does not create an attorney-client or any other relationship between the user and NOMIKI BIBLIO- THIKI S.A. or the legal professionals contributing to this publication. 23, Mavromichali Str., 106 80 Athens Greece Tel.: +30 210 3678 800 • Fax: +30 210 3678 819 http://www.nb.org • e-mail: info@nb.org © 2018, NOMIKI BIBLIOTHIKI S.A.