It’s anticipated to be printed inside three months determination of the Supreme Particular Courtroom for the granting or not of retroactive items to the beneficiaries of supplementary pensions for the disputed 11 months of June 2015-Could 2016.
Throughout yesterday’s assembly the place the case was heard, in keeping with data the representatives of the state of their proposal raised the difficulty of regulatory interpretation of the provisions on the admissibility of the jurisdiction of the AED. In different phrases, they judged that the courts that preceded them, the Supreme Courtroom and Council of Statethey didn’t interpret the very same challenge of the contested provision.
It’s underlined that the Presents reached the Particular Courtroom from the Supreme Courtroom, which rejected an enchantment by a pensioner of the Financial institution of Greece and disagreed with the choices of the Council of State, which dominated that the abolition of the Presents is unconstitutional.
Those that have appealed
In accordance with the events, if the difficulty of the admissibility of the referral, i.e. the formal half, is handed, then the courtroom will get to the center of the matter and can rule on the constitutionality of the supply (Legislation 4093/2012) on the fee of items retroactively for the disputed 11 months.
If the pensioners are vindicated, a window will open for appeals relating to the lower items of the primary pensions. Nevertheless, any determination will solely concern pensioners who’ve already taken authorized motion by July 2020.
As Dimitris Bourlos, labor skilled and insurance coverage specialist, factors out to “H”, “The case is essential as a result of if the choice is optimistic for pensioners, it is going to set a safety restrict on the core of social safety rights. The optimistic final result is not going to solely concern this particular determination however probably additionally different circumstances sooner or later.”
It needs to be famous that till the choice on the Presents is issued, the adjudication of appeals introduced by roughly 400,000 pensionerswho’re claiming retroactive Presents and a refund of the cuts in supplementary pensions for the 11 months of June 2015-Could 2016. The case doesn’t concern the reductions imposed on the supplementary pensions, which implies that even when the AED rejects the refund of the Presents, the pensioners they should get the retrospectives for his or her adjuncts.
“With a broad spirit of interpretation”
Because the lawyer mentioned Loukas Apostolidis “In our intervention, we requested the Supreme Particular Courtroom to positively and definitively resolve the difficulty of pensioners, in an effort to grant them retroactively for the eleventh month, vacation items and depart allowance to all pensioners within the personal sector with out discrimination. To respect the choices of the 4 (4) successive All. of the CoE.
To not keep on with a slim, strictly normative interpretation of the provisions on the admissibility of the jurisdiction of the AED, however with a broad spirit of interpretation, which can intention to make sure the unity of the nation’s authorized order. In any case, that is additionally what e-EFKA goals for – fairness and equality of profit contributions to all insurance coverage businesses with out discrimination.
Solely with these perceptions and admissions can we reply to the pensioners’ sense of justice. The AED should decide the authorized challenge on the deserves and never on the admissibility, strictly in keeping with laws.
Because the issuance of Decree No. 1509/2023 which dominated otherwise from the choices of the Plenary of the Council of Ministers 2287 and 2288/2015, greater than 700 lawsuits have been postponed and till the choice is issued we are going to exceed 1,200 lawsuits. Mr. Apostolidis provides, it’s time to evaluation the establishment of pilot courts relating to respect for the implementation of selections.
Over 250,000 beneficiaries are struggling and naturally the executive courts stay “closely” loaded with retroactive lawsuits. With three consecutive selections of the Plenary of the Council of Ministers and the Labor Courtroom, it was determined that the abolition of vacation items and depart, which happened within the yr 2012, is in opposition to the Structure because it violates constitutional provisions and the provisions of the ECHR. We fairly hope for a optimistic final result of the case, concluded Mr. Apostolidis.
What did the SC resolve?
It’s recalled that the SC, with a brand new determination (in 1342/2023), dominated that Presents for the auxiliary have been utterly abolished for EFKA pensioners after the Katrougalou regulation. This determination doesn’t cancel the retroactive Presents of June 11, 2015-Could 2016, and above all it didn’t stop the issuance of optimistic selections by the Courts of First Occasion, till the Presents had been referred by the Supreme Courtroom to the Particular Courtroom and the Courts of First Occasion suspended the issuance of newer selections .
The rationale why the Supreme Courtroom with its determination 1509/2023 got here in full opposition to the Plenary Session of the Council of State is as a result of it rejected a lawsuit by a pensioner of the Financial institution of Greece who claims from the insurance coverage group of the Financial institution of Greece the return of all Presents since 2013 after which, a complete quantity of 16,162 euros. On the event of this case, A.P. refers the difficulty of the abolition of the Presents for a brand new judgment to the Supreme Particular Courtroom.
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