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The State Council rejected the request for the dismissal of the teachers against the announcement of the ASEP for the hiring of teachers of general secondary education.
More specifically, the composition of 7 members of the DG Division of the Supreme Court of Cassation (chaired by Vice President Dimitris Skaltsounis and the rapporteur Vassilios Gertsos), with its decision No. 1866/2020 -according to the announcement of the CoE- 2.The request of nullity presented by the candidates for the occupation of organic vacancies of secondary General Education teachers against the call 2GE / 2019 of the ASEP, issued in compliance with Law 4589/2019.
It is recalled that Law 4589/2019 established a new system for the appointment and hiring of teachers of primary and secondary education, with selection based on the order of priority determined by the qualification of the candidates in certain criteria (academic qualification, academic training, criteria social).
With this decision, the CoC rejected the teachers’ claim that this system was unconstitutional, because the legislator did not establish the written contest as a way to select the candidates. This is because it was considered that the Constitution in article 103 para. 7 provides, alternatively, competition or selection according to predetermined and objective criteria, as equivalent forms of staffing of the public administration, leaving the common legislator the right to choose the most recruited staff from each institution.
Furthermore, the CoC rejected by a majority the teachers’ argument that the constitutional principles of equality, meritocracy and proportionality are violated (articles 4 para. 1, 5 para. 1 and 25 of the Constitution), as well as article 103 para. 7 of the Constitution, with the provision of the educational service provided by law 4589/2019 (article 57) with a maximum of 120 units (1 unit for each month of actual service), since the final result is to reduce this service prior to a dominant appointment criterion and favor especially candidates who have been hired, in recent years, as temporary deputies in the Public, primary and secondary, in training compared to candidates, who did not have any previous service, such as those who have applied to the CoC.
For their part, the minority of two State Councilors expressed the opinion that the statement of teachers that the provision of Law 4589/2019, on the possibility of counting 120 points to those who have 120 months of educational service, favors unjustifiably and without just cause, the public interest. in particular, candidates who have served, especially in the last decade, as substitute teachers in various different bodies of the broader field of Public Education and, therefore, may receive a total of 120 credits in this criterion.
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