The Plenary Session of the Council of State annulled the decision of the Board of Directors. of the e-EFKA, according to the section that states that its general managers may also come from the private sector and that the age limit for participation in the process was 64.
ADEDY together with POSE-EFKA and three directors of EFKA had appealed to the Council of State.
The suggestion
Specifically, the Plenary Session of the Council of Ministers, chaired by Evangelia Nikas and rapporteur of the Council of State, Vasileios Androulakis, among others, decided:
“According to article 103 of the Constitution, the organizational positions of the staff of the public services and the n.p.d.d., must, in principle, be filled with regular (permanent) employees, however, it is not excluded that filling them, exceptionally, with employees on duty. The deviation, however, from the rule of staffing the organizational positions with regular (permanent) employees is constitutionally permissible only if it is justified by the special nature, the special mission and the content of the responsibilities of a certain service or position”.
What was voted on?
Furthermore, it was decided (by the majority) that “Article 3 of Law 4892/2022 in the part that provides that the candidates for the positions of the heads of the General Directorates of the e-EFKA may be, apart from employees or employees of public sector, and private individuals (who, as it was accepted, acquire the status of a tenured employee), is not, in principle, contrary to Article 103 of the Constitution”.
However, the SC reports, the decision of the Board of Directors of the e-EFKA (628/2022) which determined the General Directorates in which candidates can be both public and private sector employees, it was decided that it should be canceled because the Board of Directors did not document, as required by the Constitution and the enabling provision, fully and in detail the reasons why certain positions of heads of General Directorates may also be filled by individuals, taking into account the responsibilities of the positions, their specificity, the object and the special qualifications required for those selected to meet the needs of the specific positions”.
Furthermore, in the decision of the SC, it is stated that “full documentation was considered necessary, given that the positions to be occupied are within the usual administrative hierarchy (heads of General Directorates)”. Also, that the provision of the decision of the Board of Directors in which it is stipulated that a person who has reached the age of 64 at the end of the deadline for submitting nominations may not be a candidate for the position of head of the General Directorate, must also be annulled because the authorizing order on the basis of which the decision of the Board of Directors expressly refers to the provision of paragraph 4 of article 84 of the Civil Service Code, according to which those who leave the service within a year of the deadline for submitting nominations are not allowed to be candidates for selection in a position of responsibility”
#Canceled #eEFKAs #decision