ΣτΕ: The compulsory vaccination and the fine of 100 euros for those over 60 are constitutionally tolerated

THE President of the Council of State Dimitris Skaltouniswith its announcement announces that the monthly fine of 100 euros imposed on those over 60 who refuse to be vaccinated against COVID-19 is a “constitutionally tolerable restriction on individual rights” and is intended to “serve purposes of overriding public interest”.

At the same time, Mr. Skaltounis, who is currently leaving the judiciary due to retirement, states in his announcement that the monthly fine of 100 euros for those who do not vaccinate is a “reasonable incentive for compulsory vaccination of persons over 60 years”, but without no reference is made to the income criteria of these individuals.

Also, according to the announcement, the fine is aimed at “protecting people of this age group against serious illness and death, decongesting the health system and eliminating the risk of occupying all ICUs.”

The text of the announcement is as follows:

“The Plenary Session of the Council of State met in a conference of four cases, with rapporteur Marlena Tripolitsioti as rapporteur, which were discussed during the trial of May 6, 2022 and were directed against the decisions of a) G.P.oik.81185 / 27.12.2021 of the ministers Health, State, the Deputy Minister of Digital Government and the Governor of the Independent Public Revenue Authority “Procedure and reasons for exemption from the obligation of vaccination according to article 24 of law 4865/2021 (AD 238)” (BD 6324 / 30.12. 2021) and b) GP.oik.7586 / 7.2.2022 of the Ministers of Finance, Health and State and the commander of the Independent Public Revenue Authority . 4865/2021 (Α΄ 238) ”(ΒΔ 608 / 12.2.2022)

The Court rejected all four applications by a minority of one member by a decisive vote and one by an advisory vote. It was considered, inter alia, that the measure of compulsory vaccination of natural persons over 60 years of age, established by Article 24 of Law 4865/2021 and specified in the contested acts, constitutes a constitutionally tolerable restriction of the individual rights of the parties, because it is based on in current and documented scientific and epidemiological data and aims to serve purposes of major public interest, namely to protect individuals of this age group against serious illness and death, to decongest the health system and to eliminate the risk of all.

The Court further ruled that the fine of 100 euros per month provided for in the provision of Article 24 of Law 4865/2021 is in principle a reasonable incentive for the mandatory vaccination of persons over 60 years of age, in view of the aforementioned public interest purposes, much more and that, after the suspension of article 24 for the period from 15.4.2022 to 30.9.2022 pursuant to the twenty-ninth article of law 4917/2022 and G.P. 20906 / 11.4.2022 of the decision of the Minister of Health, which granted before the discussion of the applications on 6.5.2022, the total amount of the fine, limited for half of the months of January and April and for the months of February and March 2022, may not exceed the amount of three hundred (300) euros “.

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