According to Decision No. 860/2025 of the Council of State, in order to apply to military judges the limits of withdrawal provided for other judicial officers (civil, criminal, etc.) a relevant law must be issued.

The CoE employed request annulment of judicial officers her military justicewho demanded that the projected and for their other judicial officers Limits of departure from the Service, as provided for in Article 88 (5) of the Constitution.

The seven -member composition of the 3rd Division of the CoE (President of Vice President Diomedes Kirillopoulos and the rapporteur of State Adviser Vassilis Androulakis) states that during the 2019 constitutional review it was foreseen that military judges “are assimilated to all with regular judges. “

But according to the CoE, Unable to automatically apply the provisions governing the Acting Status of Regular Judges and to military judges (which have a double capacity, that of the Armed Forces executive and the judicial officer), because paragraph 5 of Article 96 of the Constitution provides for the adoption of a law, so as to activate the constitutional provision referred to in the simulation.

This law must be issued within a reasonable time, which, as it was accepted by the CoE, had not elapsed, as long as the service change (departure from the service) was less than two and a half years since the 2019 revision.

However, the CoE’s decision states that at the date of discussion of the case in the seven -member composition (December 2024), the reasonable time had elapsed and in a statement by the CoE stated that “it is” imperative or without further delay. Adjustment of the issue by the legislator, who otherwise violates a constitutional obligation of“