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Το πρωτόκολλο διοικητικής αποβολής ως εκτελεστός τίτλος (Doctoral thesis)

Βούλγαρης, Περικλής/ Voulgaris, Periklis

From reading the title of the thesis, it is clear that the present doctoral thesis deals with a specific and largely unknown topic of real law and the law of executive procedure. In broad terms, this thesis analyzes and records almost all the civil,[1] procedural (but inevitably also substantive) issues that have been developed regarding the Administrative Expulsion Protocol (hereinafter referred to as the Administrative Expulsion Protocol) as well as the Administrative protocols in general, which are issued each time by the competent administrative body against the administrative offender. For systematic reasons and for the sake of completeness of the thesis, it should be noted that it is not possible to analyze and interpret the PDA alone, without the reader being aware of the other protocols of the Administration, because with them the Administration aims at the direct protection of the property rights of the Greek State, whenever the administered person infringes these arbitrarily and illegally. This directness lies in the fact that with the Administrative Protocols, the intervention of a court is not required to satisfy the right of the State or the Administrative Body, but their issuance alone is sufficient. It is emphasized that there is different legislation, which regulates the issuance of PDA from a forest or from a forest area, from urban public property, from a property that belongs to the management of the Ministry of Rural Development and Food, as well as the issuance of a demolition protocol, compensation, etc. However, the reader must understand that this different legislation is intertwined, with the result that case law and theory draw common conclusions from the mixture of these provisions, mainly with regard to the execution of these protocols. This legislative complex gives rise to many legal issues, both civil procedural and administrative law, which are presented and analyzed herein. Furthermore, the subject of the administration can defend himself against the decision issued against the Administrative Protocol, by exercising mostly the legal remedy of objection against this Protocol. Thus, a full litigation of the subject of the administration with the Greek State or with the corresponding competent administrative body begins, the specific elements of which are likewise highlighted and analyzed. It is briefly noted that this dispute highlights the potential that a State's real estate has for it, without constituting a single entity with common characteristics, but that it is differentiated based on the particular characteristics of its real estate. Furthermore, the role and position of the Land Registry are analyzed in light of the operating cadastre and the recent ratification of forest maps. Finally, the thesis highlights issues that need to be further analyzed.