The payroll, chaired by Vice President of the Council of State, Konstantinos Kousoulis and rapporteur, Professor of Law School AUTH Hariklia Apalagakis, unanimously considered that the 13th and 14th salaries should not be reinstated to the judges and the lawyers.

In detail, it was judged by the Payroll Court that the abolition, by Law 4093/2012, of the holidays and permission allowances for judicial officers and the maintenance of this abolition can then not be considered to be at risk of the dignified living of judicial officers in a manner in a manner in a manner in a manner. Independence.

At the same time, among other things, the payroll, in its decision:

  • It confirmed the fixed case -law, according to which the Constitution (Articles 26, 87 (1) and 88 (2)) requires the particular salary treatment of judicial officers, in the sense that their remuneration must not only be at least equal to the remuneration of the respective organs of the other two functions, because Their decent living, that is, their living in a manner in accordance with the prestige of their work and their mission as bodies of the third state function, on the other hand, on the other hand. The joint legislator is obliged not only to establish the special payroll of judicial officers, but also to adjust it through a convenience of periodic examination of such remuneration in correlation and with the remuneration of the corresponding bodies of the other two functions of the State.
  • It took into account that by Law 4093/2012, which approved the medium-term budgetary strategy framework 2013-2016, the public sector gifts were abolished from 1.1.2013 to produce an annual budgetary benefit of 496.6000,000 euros. This abolition is a horizontal effect, which does not put judicial officers in a more adverse position than other categories of civil servants or officials, since it was not unilaterally established only on the remuneration of judicial officers, but concerns the income of all officials, employees and employees, OTAs, as well as the permanent executives of the Armed Forces and Security Corps.
  • It also took into account that this abolition of holiday allowances and leave was imposed as a universal and horizontal measure to tackle the economic and fiscal crisis, which is part of a broader fiscal adjustment program (“Medium Term Plan 2013 – 2016”) Coverage of the country’s immediate financial needs and addressing particularly increased deficits as well as improving its future fiscal status, that is, to serve purposes that are serious reasons of public interest, potentially justified, in principle, the proceedings.
  • He first ruled that the above measure could not be considered that the above measure was not necessary, as it is generally applied to all public sector employees and therefore to judicial officials, an attempt to save and limit the enlarged spending of the General Government. After all, with the Eurogroup agreement dated 22.6.2018 on Greece’s exit from the three -year fiscal adjustment program of the European Stability Mechanism [«τρίτο Μνημόνιο Συνεννόησης», βλ. άρθρο 3 παρ. Γ’ του ν. 4336/2015 (Α’ 94)] A package of public debt relief measures was provided, as well as a series of commitments arising from the European Union’s fiscal framework, on the one hand, on the other hand, the ESM program in question [που ολοκληρώθηκε στις 20.8.2018]in order to ensure maintaining its results. These commitments relate to the completion of the program reforms, as well as the achievement of an annual primary surplus of 3.5% of GDP by the year 2022 and average annual surplus of 2.2% of GDP during the period 2023 to 2060.
  • He further ruled that, by the horizontal nature of this measure, the abolition of the provisions of Law 4093/2012 of the holiday allowances and leave paid to judicial officers could not be considered to have led to the deduction of reduced earnings in relation to other officials and officials. In the absence of discreet treatment against judicial officers in terms of abolishing holiday allowances and leave, no specific documentation is required to take this measure in particular the remuneration of the latter.
  • Finally, he considered that, in view of the above and given that the legislator has a great deal of freedom of choice in the formulation of economic and social policy, especially when this option refers to benefits and is part of a fiscal adjustment program aimed at fiscal consolidation, any non -examination of non -examinations.
  • He also took into account that the remuneration of judicial officers were reinstated in terms of the basic salary and allowances of article 30 par.

In this context, the Court ruled that the abolition of Law 4093/2012 of the holidays and leave and its preservation subsequently cannot be considered to be at risk of the dignified living of judicial officials in a manner uncommon in the validity of their operations and that they violate the authority.

The other members of the Payroll Court are: Christos Liakouras, State Advisor, Eleni Skorda, Court of Auditors, Hariklia Apalagakis, Professor of Law School, George Lekkas, Professor of Law Lawyer.

Finally, the decision of the Payroll Court was issued on a judge lawsuit, arguing that the State illegally did not pay the holiday and leave allowances from 1.1.2021 to 31.10.2023.