His Third Section Council of Statewith his seven decisions rejected applications civil servants who requested the annulment of the list of the special board of directors, which excluded them from the evaluation process for promotion to its degree bossbecause of participation them in strikes which had been declared by ΑΔΕΔΥ.
More specifically, the ΑΔΕΔΥdisagreeing with the evaluation system provided by law 4369/2016, declared a strike-abstention of all civil servants from any evaluation process at all levels, until the end of evaluation processwhenever it takes place – and with a relevant out-of-court settlement, notified the competent state bodies of its decision to strike-abstain on this issue.
In particular, the DG Department of the CoF, with the sub-art. 711-717 / 2022 its decisions (in two judicial formations) with presidents Dimitris Skaltounis and Panagiota Karli and rapporteur State Counselor Dimitris Makris, it was decided that the not performed from civil servant, evaluation because of participation of in strikeconstitutes non-fulfillment of a relevant obligation and at the same time makes it impossible for him to participate in procedures for the selection and appointment of superiors, without this violating the constitutional right to strike.
The ΣτΕ points out in its seven judgments that “in the event that a civil servant fails to comply with the law obligation to evaluate of his subordinates, as a consequence of his participation, freely and effortlessly, in strike“does not meet the relevant condition, regardless of the legality or not of the strike” and continues:
“THE interpretation that of the provisions of article 24A of law 4369/2016, does not contradict article 23 paragraph 2 of the Constitution, because the non-assistance of the above condition for participation in a process of selection and appointment of a leader as a result of a strike, is due to intentional non-fulfillment the obligation to provide the relevant services by the officials, and not in this fact of declaring and participating in the strike, does not infringe the right to strike, nor does it constitute a sanction imposed as a result of its exercise, and therefore can not considered to be contrary to the definitions of the aforementioned constitutional provision “.
Therefore, reports ΣτΕ“If the interested parties were able to provide these evaluation services, fulfilling their obligation, and did not provide them, they may not participate in the selection and appointment of supervisors.”
Elsewhere, the decisions of the CoC state that “the provisions of article 24A of law 4369/2016 regulate the issue of organization and operation of the Public Administration to serve the stated purposes within the framework of the mentioned constitutional principles, unrelated to the right of their strike civil servants“, While holding that the constitutional principle of equality is not violated – and that the exclusion of civil servants in this case does not constitute a disciplinary offense or a disciplinary penalty.
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