The Greek Minister of Administrative Reform and e-Governance Kyriakos Mitsotakis has received a double legal slap, from both the Council of State (CoS) and the legal department of the Greek parliament, on some critical legislative initiatives he is proposing.
In a letter sent to parliament, Mitsotakis admits to legal sloppiness embedded in the availability measure and mentions that he will comply with the decision issued by Greece’s Supreme Administrative Court, while also “rehiring” 482 employees, who were affected by the measure and put into ‘pre-retirement availability’. The CoS recently deemed that the new measure introduced by Mitsotakis’ ministry was against the provisions of the Greek Constitution and therefore could not be enacted.
The legal department of parliament, invoking the Greek Constitution and recent decisions by the CoS, notes that the closure or merger of public entities or organizations is only allowed after comprehensive studies have been conducted. When, however, the closure is proposed as a result of fiscal demands, article 103 of the Greek Constitution is violated and the measures should therefore be deemed unconstitutional.
Meanwhile, more objections have been raised about the fact that reviews conducted on the affected bodies will feature a quota. Of all affected employees, only 25 percent will be able to get a perfect score, while 60 percent will be able to score just over the passing grade and 15 percent will fail the evaluation, therefore being removed from their duties.
The new bill also met with a negative response from members of Greece’s major coalition party SYRIZA, who said that several provisions are unconstitutional, as they provide for layoffs in services that will be closed, with no compensation being paid to employees.