It was even discussed whether there have actually been conflicting decisions on the controversial issue between the Supreme Court and the Council of State.
More specifically, Mrs. Stavroulaki raised the issue of whether there is indeed an issue of conflicting decisions (i.e. an issue of admissibility) between the decisions of the Supreme Court and the Supreme Court, as each of these two courts acted on different legislative data.
According to the rapporteur, A.P. he dealt with a case on holiday and holiday allowance dividends, while on the other hand the SC dealt with a case concerning cuts in main pensions and additionally the SC dealt with supplementary pensions granted to IKA pensioners.
As stated by Mrs. Stavroulaki, “therefore, it should be investigated whether the Bank of Greece Employees’ Equity Fund can be considered an auxiliary insurance body similar to those for which the SC ruled and if it is therefore set in the two decisions (s.s. : of the SC and the AP) the same issue or if, on the contrary, the differences between the auxiliary insurance bodies, to which each decision referred, were of such a nature that the issue decided by them becomes different”.
Then the advocates of the pensioners of the Bank of Greece argued that the AED must go beyond the scope of admissibility and enter into the issue of the constitutionality or otherwise of the disputed cuts, as the two courts in question interpreted the same legislative provisions.
The Bank’s advocate, as well as the EFKA that intervened in favor of the Bank, argued that A.P. considered the same legislative provisions as those of the CoE and there is an opposite interpretation of the same legislative framework. Consequently, the AED must enter into the substance of the case. At the same time, they characterized the decision of the AP as correct.
It is recalled that the Areios Pagos last January opposed the Plenary Session of the Council of State on the disputed issue and this disagreement was referred to the AED for final judgment, while in the meantime 9 Labor Unions intervened.
Specifically, after the decision of the Plenary of the Council of State, which by a majority (14 in favor against 11 against), deemed unconstitutional and contrary to the European Convention on Human Rights (ECHR) the cuts of all three gifts of supplementary pensions made in 2012 , came last January the B2 Labor Department of the Supreme Court and ruled that all the cuts of the three gifts made with the memorandum law 4093/2012 are constitutional and in accordance with the ECHR, as “their enactment served purposes of public interest” and not only.
The B2 Labor Department of the Supreme Court, chaired by vice-president Nikolaos Pipiligas and rapporteur the Areopagite Konstantina Nakou, unanimously dismissed the allegations of the Plenary Session of the CoE, contradicting with its own opposing legal reasoning the decision no. 2287/2015 of the Plenary Session of the CoE.
The main argument of the workers of the B2 Department is that it is not constitutionally necessary to draw up an actuarial impact study before the allowances are cut, as the Plenary of the Council of Ministers has judged, but it is also its established jurisprudence on this matter.
On the contrary, the SC with a series of decisions of its Plenary (2287-2290/2015) has judged that the pension cuts made in 2012 conflict with constitutional principles such as proportionality and equality in public burdens and other requirements of articles of the Constitution , such as articles 2, 4, 22, 25, 106, etc.
Furthermore, the Plenary of the CoE decided that before the cuts made in 2012 there was no scientific study on the effects that will exist on the living standards of pensioners from the pension cuts, but also the necessity of these cuts.
Source: APE – MEB
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