The case for which the former appellant was disciplined concerns the removal of the Vgenopoulos case file from the hands of the corruption prosecutors shortly before the prosecution stage
The Council of State rejected the application of the former Appellate Prosecutor Georgia Tsatanis requesting to annul the disciplinary penalty of 60 days’ salary deprivation imposed on her by the appellate Disciplinary Council of the Supreme Court for her handling of the case of the late businessman Andreas Vgenopoulos .
In particular, Mrs. Tsatani had appealed to the Council of State six years ago and now the 3rd Department of the Council of State (chaired by the then vice-president Dimitris Skalzounis and rapporteur Andreas Chrysikopoulos) rejected her application for annulment as inadmissible, finding that it was incompetent to take disciplinary action case and the Court of Justice of the European Union is competent.
The case for which the former appellant was disciplined concerns the removal of the Vgenopoulos case file from the hands of the corruption prosecutors shortly before the prosecution stage and its subsequent filing.
Mrs. Tsatani was asking the SC to annul the decision of the Second-tier 9-member Disciplinary Council of the Supreme Court which upheld the first-tier disciplinary decision which imposed on her the penalty of 60 days’ salary deprivation for the case in question. He claimed that the European Convention on Human Rights (ECHR) and Greek legislation had been violated.
The Supreme Court of Cassation (decision 1893/2023) ruled that disciplinary councils are “courts” within the meaning of Articles 6 ECHR, 47 of the Charter of Fundamental Rights of the EU. and 14 of the International Covenant on Civil and Political Rights (ICCPR), while according to articles 91 § 4 of the Constitution and 105 § 6 of Law 1756/1988, their decisions are not subject to a request for annulment” before the Greek Administrative Courts.
Source: Skai
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