THE Plenary Session of the Supreme Court considered unconstitutional the salary cuts of the NSS doctors that were made in accordance with law 4093/2012. Specifically, with its 3/2022 decision, it ruled that the salaries of NSS (Primary Health) doctors were illegally paid due to the cuts imposed by law 4093/2012 (approval of the Medium-Term Fiscal Strategy Framework 2013-2016).
Prior to the decision of the Plenary Session of the Supreme Court, there had been previous court decisions and Courts of Appeal that justified the doctors, already in 2017.
In particular, the Plenary Session of the Supreme Court ruled that Law 4093/2012 is not in accordance with the Constitution and therefore should not be applied, as:
(a) It did not make “estimates of the effects of such reductions” or “whether the expected economic benefit of the reductions is less than or greater than the effects of the reductions”. That is, reductions were enacted that could cause total harm instead of benefit and most likely caused harm.
b) It was not examined by the law “whether other measures of equivalent effect could be taken” in terms of reducing public spending, but at a lower cost for NSS doctors.
c) It was not examined whether the salaries of the NSS doctors remain after the new reductions sufficient to cover the cost of their decent living and proportional to the mission assigned to them by article 5 par. 5 of the Constitution.
At the same time, the Plenary Session of the Supreme Court rejected the appeal of the first DYPE and ratified the decisions of the courts of the substance, on lawsuits filed and supported by the law firm “Giannis Toutziarakis and Associates”.
On the occasion of this decision, Mr. Toutziarakis states in a statement:
“The reasons why all the supreme courts ruled the provisions and cuts of law 4093/2012 as contrary to the Constitution and inapplicable, are an original and cross-party sin and weigh on the current salary of law 4472/2017.
And the current salary results in net salaries of NSS doctors the same or even lower, without having complied with the instructions of all the highest courts of the country.
That is, without a serious assessment of whether the effects of the reduced level of wages ultimately lead to financial loss instead of benefit or whether insufficient salaries lead to undermining of the constitutional obligation to ensure the provision of high quality health services (StE 3802/2014, Plenary, 9 / 2016 and 2381/2016) ».
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