An equation with anonymous parameters remains a retrospective assumption of the scissors and allegedly retired and active employees of the State. The first signs of writing in the court battle are positive, since the decisions in the first courts in Greece that are justified are published one after another.
However, as shown by the "State X" Full Session 2015, which is also the "backbone" of recent decisions, and as they say the highest judicial sources in the NEA, "there is a way to & # 39; the end is long and uncertain ".
The Supreme Court Cassation Session, published in June 2015, found an incompetence to abolish … breaking gifts (Christmas, Easter and leaving) with earlier memorandum provisions.
As can be seen from that opinion, which is the basis that all the latest decisions of the Administrative Courts will open the way for the return of the break presents, the diagnosis of inconsistency would be an obligation to the Ministry to to comply with paid retroactive work and the abolished benefits, not only to the plaintiff (his case was presented by the pilot case before the Council of State) but for a very wide range of people.
The decision – a pilot
What, therefore, is beyond the doubt of the CoE pilot decision? Recognizing the incompatibility of eliminating breaking gifts does not, of course, recognize the retrospective effect of this decision to all recipients without exception.
The Court, after balancing the public interest in the acute financial crisis and well-known Greek financial difficulty, states that the consequences of the incompetence of the provisions in question will be made after publication; That decision. It is understood that the unconstitutional diagnosis is retrospective for plaintiffs and others who have established medicines or legal medicines by the decision to be published (page: until 10 June 2015).
As a result, the incompetence of those provisions to justify compensation claims from other pensioners can not be compensated for their retirement benefits for a period of time before issuing the decision, "said the top court judges.
From reading this logic, and above all, the decision hereinafter, in the light of current data, one finds that the Achievement of the CoE itself has since established certain lines of retroactivity of any allegations. Under the umbrella of retroactivity, as the same sources explain in the "NEWS", only those who have sought legal protection before issuing the note, as it appears, can be asked for the decision of the Supreme Court Plenary.
Since then, so much water has flowed into the groove. In this post, Administrative First Court decisions have been added for retired and active civil servants, who … by pressing on the remains of the unconstitutional decision has begun and justified the candidates.
However, the return of the cutting presents remains, unambiguously, an unresolved equation that depends, as the court circles indicate, on three specific parameters:
1. Decision of the 6th Department of State Department, before the decision of the First Administrative Court of Nafplion was discussed on the delegation of executive judicial officers last June. Despite the first case judgment, the case came to the Supreme Court, as the State – as a matter of practice – has eliminated all legal medicines by challenging the legal integrity of the original awards.
2. Will the decision of the 6th Division, carried out under an extended constitution, be final. This is because, as happened several times in the past, it may be due to the importance and importance of the case that the final ruling on the crucial issue of the return of cut presents will be captured by the CoE Achievement.
3. The long-awaited and multi-alternative decision with unexpected social implications that Plenary will take on all known Catrugal Law provisions.
In conclusion, as court sources indicate, because no-one is in a position to prejudice the result of these critical judicial battles for returning the returned gifts, to clarify the landscape and horizon of the specific claims, the three decisions These are announced. which they hide and answer the equation.