Opinion

The decision of the Plenary Session of the CoE for the salaries of the NSS doctors is crucial

by

Ioanna Mandrou

Three supreme courts, the last of which is the Supreme Court, since years ago, the decisions of the Plenary Sessions of the Council of State and the Court of Auditors, ruled that the cuts made in the salaries of NSS doctors by law of 2012 (law of fiscal adaptation) are unconstitutional.

The court ruling on the unconstitutionality of the cuts in doctors’ salaries has gathered hundreds of decisions of courts of first instance, courts of appeal and the two supreme courts, the Council of State and the Court of Auditors, which resulted in doctors receiving retroactively around 40 thousand euros for 50 thousand euros the five years, until 2016, depending on when the decisions were made and when the appeals were made.

The rationale for court decisions, recently adopted by Plenary Session of the Supreme CourtÏ…, (supreme court that ruled the case last) are of wider interest.

According to the court decision and the Supreme Court, as well as the other courts, these cuts were considered unconstitutional, because they did not take into account essential issues of decent living of doctors and in the end, the expected benefit from the cuts for public funds was not calculated. which, as a result, was less than the financial damage it caused to the doctors.

And while for law 4093 of 2012 the landscape from a judicial point of view has long been cleared, the issue of doctors’ salaries remains open from a judicial point of view.
And this, because a case with the current salary list of his doctors is pending in the Council of State, and in fact in its Plenary Session YOUwhether it is constitutional or not, and whether the current salaries of doctors are such, that the injustices of the memorandum laws that have been judged by the courts as unconstitutional are substantially corrected.

The decision of the Plenary Session of the Council of State on the constitutionality or non-validity of the current salary (law 4472 of 2017) is expected soon and will resolve the issue “once and for all”. However, until this happens, ie the Plenary Session of the CoC, which is in charge, decides, many lower courts have already issued positive decisions, judging the current payroll as unconstitutional.

These decisions, however, are individual and concern only any doctor who has done the treatment. The Plenary Session of the CoE with its decision will irrevocably consider the issue for all its doctors YOU.

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