Revista da EMERJ - V. 21 - N. 2 - Maio/Agosto - 2019

 R. EMERJ, Rio de Janeiro, v. 21, n. 2, p. 40-51, Maio-Agosto, 2019  40 The Right to an Effective Enforcement and State Responsibilities (including Transnational Aspects) * GREECE Prof. Dra. Elina N. Moustaira Universität Athen, Juristiche Fakultät General Comments Enforcement of judgments is conceived as one of the 3 aspects of the legal protection that is guaranteed by the article 20 of the Greek Constitution/1975 1 . Therefore, the claim to enforcement is the claim that the creditor has against the state, based on his enforcement title, for the realization of the necessary means of enforcement. Accordingly, there is the obligation of the state to proceed by its organs/agents to the acts of the enforcement 2 . This public law claim is not the same with the claim that is being enforced. The latter is usually based on private law. Therefore, the enforcement officers may never examine, neither at the beginning nor during the enforcement procedure, whether the enforced claim does exist and for that reason stay the enforcement procedure. This control is only possible after a caveat is filed by the debtor (article 933 par. 1 Code of Civil Procedure). If no caveat is filed, the individual acts of the * This text was my (national) report on the subject of the title, at the Annual Conference of International Association of Procedural Law, 2014, 1-4 October, Seoul, Korea. It was published, as my contribution, in: Festschrift für Professor N.K. Klamaris – II Sakkoulas Publications, Athens – Thessaloniki 2016, pp. 517 ff. 1 G. Mitsopoulos , The influence of the Constitution on the Civil Jurisdiction [ in Greek ], in: The influence of the Constitution of 1975 on the Private and the Public Law , Athens 1976, 55. A different issue is whether the right to enforcement is guaranteed when the enforcement title is a notary document (art. 904 par. 2 Code of Civil Procedure). N. Klamaris, The right to judicial protection according to article 20 par. 1 of the Constitution [ in Greek ], Athens-Komotini 1989, 172, denies it. 2 Areios Pagos (Plenary), judgments 19/2001 and 21/2001.