The illegality is not removed due to the annulment of the Decision of the Council of Ministers
In relation to the issue that arose due to the decision of the Deputy Minister of Tourism to appoint a 19-year-old student as his consultant/associate, and subsequently morning announcement, we note the following:
(a) As we have explained, when on 13.3.2019, after Parliament had legislated its own issue of parliamentary assistants, we approached the Government and recommended the adoption of a similar legal framework concerning the remuneration and other benefits of consultants, as well as the duties of the position and the necessary qualifications. The Presidency rejected our recommendation for legislation and instead informed us that the Cabinet of Ministers, by a Decision taken on 27 March 2019, approved a comprehensive framework for the employment of such Consultants. Based on this framework, the Consultants should have attained the twenty-first (21st) year of age and hold a university-level degree recognized in the Republic.
(b) Today we have been informed that this Decision of the Council of Ministers was annulled on 15.11.2019, without being replaced. This, among other things, confirms the problematic nature of the entire handling of the matter by the previous Government and its contempt for institutions and procedures. We were replied to that they had regulated the matter and then negated the regulation.
[C] In any case, the absence of any specific legal framework does not confer legitimacy on the appointment as Councillor of a person who does not hold a university degree. The Budget Law, which is the only legal basis that could be invoked to justify such an exceptional appointment, explicitly defines the main task of such consultants as conducting research and preparing studies and notes, which clearly refers to a person who possesses expertise and special training.
[D] The above also responds to various allegations that allegedly the 19-year-old student could be hired to handle the social media of the Deputy Minister. This is not permissible. The legislature does not allow for the bypassing of normal hiring procedures for other ancillary duties. For these ancillary duties, the only option is to have them performed by permanent or temporary Civil Service personnel.
Based on the foregoing, we maintain the position that hiring as a Consultant a person who is 19 years old and does not have a college degree would be patently illegal and abusive. Besides, since this morning, in all our public statements, we have stressed that the problem would not be resolved by the adoption now of a new Cabinet Resolution which would annul the previous one.
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