Post by Wayne Hall on Oct 20, 2023 12:17:30 GMT -5
www.newsbreak.gr/ellada/517740/i-olomeleia-toy-ste-se-eidiko-dikastirio-gia-kakodikia/
The Plenary of the Council of State in a Special Court for miscarriage of justice!
(DeepL machine translation from Greek, with very few corrections)
176 health workers, suspended for months for refusing to be vaccinated, appealed against 22 high court judges
For the first time, 22 Supreme Court judges will be put on the "witness stand", following an appeal by 176 citizens who believe they have been wronged by their judgement. It is one of the rare cases - if not the only one - where the entire plenary session of the Council of State is being tried for miscarriage of justice.
The case concerns an appeal by 176 health workers who were suspended for months for refusing to be vaccinated. Although the applicants were ultimately vindicated by the decision of the Seventh Chamber of the Council of State, No 2332/2022, which was adopted following an appeal by POEDIN, the Pan Hellenic Federation of Public Hospital Workers, and held that the extension of the suspension of the employment contracts of the unvaccinated health workers was unconstitutional, they were not content to be vindicated and to return to work, like their almost 7 000 colleagues.i
Instead, they appealed to the Court of Justice against the judges of the Plenary Session of the Council of State, who in an earlier decision had ruled that the suspension of work was constitutional, which resulted in more than 7,000 of their health colleagues, including 240 doctors, who were not vaccinated, being unemployed
The case is expected to be heard on November 7 by a Special Court which - in this particular case - is composed of the President of the Supreme Court Ioanna Klapa - Christodouleas and a vice-president of the Supreme Court, an impeachment judge, an advisor of the Court of Auditors, two regular professors of law courses of the law schools of the country's universities and two lawyers, members of the Supreme Disciplinary Council of Lawyers, as members, appointed by lot.
By law, this Special Court should be presided over by the President of the Council of State and include a State Counsel. However, in the present case, because members of the Council of State, both active and retired, are being tried, for reasons of impartiality, the court will be composed of lay judges in place of the judges of the Council of State.
According to reports, the 176 unvaccinated persons are each seeking 50,000 euros in damages from each of the judges of the Council of State against whom they have taken action. In fact, on the website ISONOMIA, which supports them in court, it is stated that a "RECOGNISING class action for compensation has been filed against those who tried and signed the decisions of the Council of State 1400/2022 and 1684/2022 and against those who knew about the crime and did nothing, who by their acts and omissions continue the unbridled lawlessness, because of the alleged Covid-19 pandemic. We request a minimum amount of EUR 50 000 each.
The issue of the malpractice suit caused conflict and a difference of opinion among them as well, as the majority of health workers (about 7,000) did not participate in the class action malpractice suit against the Plenary of the Council of State. However, they are claiming their retroactive payments, covering the period from April 2022 to January 2023, which they have not received.
Lawyer Maria Tsipras, who represented POEDIN (their trade union body) and won the hearing on the unconstitutionality of their work suspension, told the column, "With the decision of the seven-member composition of the Council of State, which was issued following an appeal by POEDIN, it was ruled that the extension of the suspension of the work contracts of the unvaccinated health workers was unconstitutional. In view of this, the government had to immediately in November 2022 to end the suspension and pay the workers the salaries corresponding to the period from 14/4/2022 until the day each of them returned to work.
Unfortunately, the latter has not happened to date, with the result that more than 10 months' pay is owed to workers who have remained unpaid for almost two years, accumulating huge debts in order to ensure the survival of their families. It is the institutional obligation of the government to resolve the matter, since this is required not only by the needs of the workers but also, above all, by the obligation to respect the Court of Justice, which has given its final judgment on the matter.
We shall see.
The Plenary of the Council of State in a Special Court for miscarriage of justice!
(DeepL machine translation from Greek, with very few corrections)
176 health workers, suspended for months for refusing to be vaccinated, appealed against 22 high court judges
For the first time, 22 Supreme Court judges will be put on the "witness stand", following an appeal by 176 citizens who believe they have been wronged by their judgement. It is one of the rare cases - if not the only one - where the entire plenary session of the Council of State is being tried for miscarriage of justice.
The case concerns an appeal by 176 health workers who were suspended for months for refusing to be vaccinated. Although the applicants were ultimately vindicated by the decision of the Seventh Chamber of the Council of State, No 2332/2022, which was adopted following an appeal by POEDIN, the Pan Hellenic Federation of Public Hospital Workers, and held that the extension of the suspension of the employment contracts of the unvaccinated health workers was unconstitutional, they were not content to be vindicated and to return to work, like their almost 7 000 colleagues.i
Instead, they appealed to the Court of Justice against the judges of the Plenary Session of the Council of State, who in an earlier decision had ruled that the suspension of work was constitutional, which resulted in more than 7,000 of their health colleagues, including 240 doctors, who were not vaccinated, being unemployed
The case is expected to be heard on November 7 by a Special Court which - in this particular case - is composed of the President of the Supreme Court Ioanna Klapa - Christodouleas and a vice-president of the Supreme Court, an impeachment judge, an advisor of the Court of Auditors, two regular professors of law courses of the law schools of the country's universities and two lawyers, members of the Supreme Disciplinary Council of Lawyers, as members, appointed by lot.
By law, this Special Court should be presided over by the President of the Council of State and include a State Counsel. However, in the present case, because members of the Council of State, both active and retired, are being tried, for reasons of impartiality, the court will be composed of lay judges in place of the judges of the Council of State.
According to reports, the 176 unvaccinated persons are each seeking 50,000 euros in damages from each of the judges of the Council of State against whom they have taken action. In fact, on the website ISONOMIA, which supports them in court, it is stated that a "RECOGNISING class action for compensation has been filed against those who tried and signed the decisions of the Council of State 1400/2022 and 1684/2022 and against those who knew about the crime and did nothing, who by their acts and omissions continue the unbridled lawlessness, because of the alleged Covid-19 pandemic. We request a minimum amount of EUR 50 000 each.
The issue of the malpractice suit caused conflict and a difference of opinion among them as well, as the majority of health workers (about 7,000) did not participate in the class action malpractice suit against the Plenary of the Council of State. However, they are claiming their retroactive payments, covering the period from April 2022 to January 2023, which they have not received.
Lawyer Maria Tsipras, who represented POEDIN (their trade union body) and won the hearing on the unconstitutionality of their work suspension, told the column, "With the decision of the seven-member composition of the Council of State, which was issued following an appeal by POEDIN, it was ruled that the extension of the suspension of the work contracts of the unvaccinated health workers was unconstitutional. In view of this, the government had to immediately in November 2022 to end the suspension and pay the workers the salaries corresponding to the period from 14/4/2022 until the day each of them returned to work.
Unfortunately, the latter has not happened to date, with the result that more than 10 months' pay is owed to workers who have remained unpaid for almost two years, accumulating huge debts in order to ensure the survival of their families. It is the institutional obligation of the government to resolve the matter, since this is required not only by the needs of the workers but also, above all, by the obligation to respect the Court of Justice, which has given its final judgment on the matter.
We shall see.