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The employment contracts of the Five-Year Volunteers (VVPs) serving in the Army of the Republic fall within the sphere of private law. Therefore, the entire career of the ASPs employed under an employment contract in the Republic is governed by Private Law and not by Public Law, even if there is a legal provision to that effect in the Regulations on the Conditions of Employment of ASPs.
This is, inter alia, what is stated in a recent decision of the Plenary of the Supreme Court in the context of a review appeal against the decision of the Minister of Defence to terminate the employment contract of an Appellant as a Five-Year Volunteer.
In the context of the Appeal, Appellant's last contract provided for his employment in the Army until the date of his retirement and there was also legislation regulating the terms and conditions of employment of the AWPs by Regulations, which, however, was not considered by the Court to be sufficient to render Appellant's employment contract as falling within the scope of Administrative Law.
The decision of the Supreme Court is considered to be particularly significant because the Court held, consolidating case law, that the decision to terminate Appellant's employment fell within the realm of Private Law.
On behalf of the Attorney General of the Republic, the case was handled by Mr. Thassos Hadjiloukas, Attorney of the Republic.
(MΛ)
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