Thursday , January 28 2021

What factors will judge the fate of the retrospectives – News – news



The equation with still unknown parameters remains the retrospective assumption of the teseladas gifts alleged by retired and active state employees. The first signs of writing in the judicial battle are positive, since the decisions of the courts of first instance in Greece that justify them are issued one after the other.

However, as the "x-ray" of the 2015 Plenary Session of the State Council, which is also the "backbone" of recent decisions, and as the highest legal sources say in the NEA, "the road at the end is a long one and uncertain ".

The Plenary Session of the Supreme Court of Cassation, published in June 2015, found the unconstitutionality of the abolition of … cut gifts (Christmas, Easter and leave) with pre-memorandum provisions.

As is apparent from this ruling, which is the basis in which all the most recent decisions of the Administrative Courts open the way for the return of cut gifts, the diagnosis of unconstitutionality will entail the obligation of the Administration to comply with a retroactive regime or payment of benefits that were Suppressed, not only for the applicant (his case was introduced by the pilot process before the State Council) but for a wide range of people.

The decision pilot

What is then, undoubtedly, the CoE's pilot decision? Recognizing the unconstitutionality of eliminating cut-offs does not mean, of course, recognizing the retroactive effect of this decision for all recipients without exception.

"The Court, after balancing the public interest in the acute financial crisis and the known financial difficulty of the Greek State, affirms that the consequences of the unconstitutionality of the provisions in litigation will be made after the publication of this decision. It is understood that for the plaintiffs and others who have initiated remedies or Judicial resources at the time of publication of the trial (pp. Until June 10, 2015), the unconstitutional diagnosis will be retroactive.

Consequently, the unconstitutionality of these provisions can not be invoked to justify the compensatory credits by other retirees of their retirement benefits for a period of time prior to the date of publication of the resolution, "said jury magistrates.

From the reading of this reasoning and, above all, the so-called decision, in light of the current data, it is thought that the Plenum of the EEC itself has already established different lines on the retroactivity of any claim. Under the umbrella of retroactivity, as explained in the same sources in the "NEWS", only the resolution of the Plenary of the Supreme Court can be requested that have requested legal protection before the publication of the nodal.

Since then, so much water flowed into the groove. In this puzzle the decisions of the administrative courts of first instance of the retired and active civil servants who … pressing the signs of the decision of unconstitutionality began and justified to the applicants were added.

The parameters

However, the return of the cut gifts remains, unambiguously, an unresolved equation that, according to the courts of the court, depends on three specific parameters:

1. The decision of the 6th department of the State Council, before which the resolution of the Administrative Court of the First Instance of Nafplion was discussed in June on the claim of active judicial officers. Despite the ruling of the first instance, the case reached the Supreme Court, since the State, as a matter of practice, exhausted all legal resources when challenging the legal correction of the original sentences.

2. If the resolution of the 6th department, which was celebrated under a composition extension, will be final. This is because, as has happened many times in the past, it may be due to the importance and importance of the case that the final judgment on the crucial issue of the return of cut gifts is in the CoE Plenary.

3. The long awaited and multilevel decision with unquestionable social implications that the Full Assembly will adopt all the provisions of the so-called Catrural Law.

In conclusion, according to legal sources, because no one is able to harm the outcome of these crucial judicial battles for the return of the withdrawn gifts, to clarify the landscape and the horizon of specific claims, these three decisions should be published. which they conceal and the solution of the equation.


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