With the “seal” of the Plenary of the Supreme Court docket, the cuts within the salaries of docs of the E.S.Y., major well being care, assistant docs and specialists, which got here with the memorandum legislation 4472/2017, had been additionally deemed unconstitutional, as in line with the very best judicial officers bump right into a sequence of Constitutional provisions.
The docs of the Nationwide Well being Service have been vindicated for the second time within the final two years by the Plenary Session of the Supreme Court docket, whereas comparable choices have been issued by decrease civil courts in addition to by the Plenary Session of the Council of State. Particularly, the Plenary Session of the Supreme Court docket below the president of the Supreme Court docket Ioanna Klapas-Christodouleas and with the Areopagite Aristidis Vagelatos as rapporteur dominated that within the interval 2017 to 2022 the provisions on the premise of which salaries had been paid to the docs of the E.S.Y. had been unconstitutional and subsequently unenforceable.
Specifically, the Areopagites judged that the provisions of the disputed legislation, which retroactively decided from 1.1.2017 the fundamental wage, the allowances and the hourly on-call wages of the docs of the E.S.Y., within the context of the institution of a brand new particular wage for the docs, together, they contradict the rules of the particular wage remedy of the docs of the E.S.Y. (Article 21 of the Structure), proportionality (Article 25 of the Structure) and equality in public burdens (Article 4 of the Structure) and, subsequently, are void.
“The legal guidelines create incentives for docs to depart the E.S.Y.”
The licensed lawyer of the docs of E.S.Y. Ioannis Toutziarakis, factors out that “The wage insurance policies for E.S.Y. docs they’re dominated unlawful by the courts, however proceed in a brand new kind till new court docket choices are issued, for ten years. Then a brand new legislation is issued, with the identical errors, which applies till it’s dominated unconstitutional. Nevertheless, this tactic has led to the long-term unlawful implementation of unconstitutionally lowered salaries of E.S.Y. docs. with all of the negative effects”.
And he provides that “these legal guidelines create incentives for docs to depart the E.S.Y., both to work privately in hospitals inside or outdoors the nation, which is now a brake on the event of well being providers in our nation”.
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