Decisions Supreme Court of Judicature of the Pelasgian Empire

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  1. Pelasgia

    Pelasgia Well-Known Member

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    SUPREME COURT OF JUDICATURE OF THE PELASGIAN EMPIRE
    About | History | Bench | Docket | Decisions | Access | Information | Press
    Repository of Published Decisions of the Supreme Court by Year (AAD)

    About Decisions of the Supreme Court (AAD)
    The Decisions of the Supreme Court (Ἀποφάσεις τοῦ Ἀνωτάτου Δικαστηρίου - Apophaseis tou Anotatou Dikastiriou) often cited using its Pelasgian acronym, AAD, is the official reporter of the Supreme Court of Judicature of the Pelasgian Empire. By law, all decisions of the Court are published in the reporter as soon as possible after they are rendered. An online version of this archive, indexed exactly as the printed publication, is available for all Pelasgians, to facilitate legal education and access to justice. Translated versions of the decisions are published by the court for foreign crowds, but they lack official status and are not authoritative, unlike the original Pelasgian text.


    Published Decisions by Year, in Order of Publication

    Anno Domini MMXIX
    - Pelasgian Civil Rights League v. Imperator, 1 AAD 2019, (2019) 1 AAD 1 - Constitutional [text]
    - Imperator v. Council of Pelasgian Nobles, et al., 2 AAD 2019, (2019) 1 AAD 2 - Constitutional [text]
    - Atlas Cement A.E. v. Zervas Steel A.V.E.E., 3 AAD 2019, (2019) 1 AAD 3 - Civil, Contractual [text]
    - Pagomenos v. Metropolitan Deme of Propontis, 4 AAD 2019, (2019) 1 AAD 4 - Civil, Extra-Contractual [text]
    - Koufos v. Kapetanaios Shipping Co., 5 AADD 2019, (2019) 1 AAD 5 - Civil, Contractual [text]
    - Imperator v. A., 6 AAD 2019, (2019) 1 AAD 6 - Criminal [text]
    - Soufiotis v. Imperator, 7 AAD 2019, (2019) 1 AAD 7 - Tax [text]
    - Ajax Insurance Co. v. Imperial Himyari Bank of Commerce A.E., 8 AAD 2019, (2019) 1 AAD 8 - Civil, Corporate [text]
     
    Last edited: Jun 28, 2019
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  2. Pelasgia

    Pelasgia Well-Known Member

    Joined:
    Sep 30, 2014
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    Location:
    Athens, Greece
    Capital:
    Propontis
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    Demosthenes

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    SUPREME COURT OF JUDICATURE OF THE PELASGIAN EMPIRE
    Citation: Imperator v. Lambropoulos et al. (Application for Leave to Appeal)
    Application considered: 16 July 2019
    Decision rendered: 17 July 2019
    Status: Dismissed

    Ioannes Lambropoulos et al.
    Applicants

    v.

    His Imperial Majesty, the Emperor (via Appeals Procurator of Propontis)
    Respondent

    Coram: Anastasiades, Theophilos, Alexopoulos, Nikomachides, Palaiologos, Koressios, Triantaphyllou JJ.
    Reasons: The Court

    APPEAL SOUGHT FROM: Propontis Criminal Court of Appeal

    The Court's Reasons:


    The application for leave to appeal from the judgment of the Propontis Criminal Court of Appeal, Number P47897, 2019 APEP 706, dated July 14, 2019, is dismissed with costs.

    As per the Rules of the Supreme Court of Judicature of the Pelasgian Empire, leave to appeal may be granted when a novel question of law of sufficient significance to the administration of justice is raised by the case at bar. Having examined the application deposited by the appellant to this Court, the Court cannot see any such question as being raised by this case. In the Court's opinion, this is but a typical case of Penal Law; publicity, both domestic and international, is insufficient to propel a case to such a status that it might warrant review by the Supreme Court of Judicature. Such an event would create an overly litigious society, and would institutionalise a court of public opinion, overturning the Court's Constitutionally-enshrined control over its own docket.

    Moreover, as per the same Rules of the Court, appeals as of right, that is to say appeals which do not require leave, exist only in cases of a clear and overriding error of law by a lower court, such that a failure to correct the said error would result in a clear and grave prejudice to the Administration of Justice in the Realm. Appeals as of right may also exist in cases where the legally prescribed or court-ordained penalty for an offence is of extreme severity, such as capital punishment. Neither of these criteria is fulfilled by the case at bar; as stated before, this is but a typical case of Penal Law, and the Court detects no overriding error, or indeed no clearly discernible error at all, in the conduct, judgement and the decision of the Propontis Criminal Court of Appeal, whose Justices may be said to have done their job in an exemplary fashion. Likewise, the present penalty concerns a withdrawal of a temporary exemption from military service, a typical punishment for young criminals engaged in tertiary studies, and a number of years on parole, a most lenient and typical punishment of the Empire's Penal Law. As such, neither ground for an appeal as of right is met.

    Since the appellants have failed to establish any of the criteria for an appeal by leave or an appeal as of right, the Supreme Court of Judicature cannot but dismiss their application. Such a move is in the public interest and in the interest of the Administration of Justice, to give time and space to more pressing and important cases to be heard by the highest Court of the Realm.

    CASES CITED: None
    STATUTES CITED: Rules of the Supreme Court of Judicature of the Pelasgian Empire; Constitution of the Pelasgian Empire
    AUTHORS CITED: None

    For all decisions regarding applications for leave to appeal to the Court, please see: www.scj.gov.pg/aad/aea
     
    Last edited: Jul 17, 2019 at 4:10 AM

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