THE Plenary session of the Court of Auditors by a majority (28-3) decided that the reduced pensions of former judges, prosecutors and members of the State Legal Council (NSK) should be restored to the levels that were valid before 2012.

In E.S. the former president of the Court of Auditors, Nikos Aggelaras, had appealed, after the Salary Court’s decision No. 255/2021 by which he had been vindicated regarding the cuts in the pensions of retired judges.

In particular, the auditors of the Court of Auditors ruled (decision 1330/2023) that the tacit refusal of the administration-State to readjust the pension of Mr. Aggelaras is illegitimate and voidable, because the Administration-State should have calculated his pension by not applying the the relevant provisions of Law 4387/2016 were deemed unconstitutional by the Labor Court, but you enforced them.

According to the ES, the previously applicable provisions of the “Katrougalos law” (law 4387/2016) are applicable for determining the amount of pensions of former judges, prosecutors and members of the State Legal Council (NSK).

Judges’ pensions return to the levels that were in force before 2012, i.e. before the regime that was formed before the law 4093/2012.

Also, the payable amount of the pension is subject only to the cuts and deductions that do not conflict with rules of supra-legislative force, according to what has been decided by the Salary Court and the Court of Auditors.

Consequently, the pensions of former judges, following the decision of the Court of Auditors, must be determined at levels above 60% of the salaries of their active colleagues, as has also been decided by the Salary court.

At another point, the decision of the Plenary of the Court of Auditors states that “competent for determining the time point of initiation of the results of a decision on third parties, to which according to the Constitution its jurisdiction extends, is the special according to article 88 par. 2 of the Constitution Court”.

However, the contested decision of the Court of Auditors covers only those who have appealed to the Supreme Fiscal Court. For the other pensioners, it is a matter for the government to decide.

Finally, the minority of the three members of the Plenary of the EC pointed out that the government should be given the required time to adapt to the contested decision.