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It goes against the principle of separation of powers, says the Supreme Court, agreeing with the position of the Attorney General of the Republic
The Plenum of the Supreme Court unanimously opined on June 12, 2023 that the "Public Education Service ( Amendment) Act of 2022" passed by the House of Representatives, following a proposal for a law submitted by MPs, concerning the rights and benefits of permanent teachers, is unconstitutional as it violates the Principle of Separation of Powers.
The law was declared unconstitutional following a petition by the President of the Republic to the Supreme Court.
As the Supreme Court opined, the House of Representatives, through the Law in question, exercised an interfering role in determining the rights and benefits of teachers of indefinite duration, as it attempted, in effect, to replace provisions of existing conditions of service, which are decided by the Minister for Education, Sport and Youth, in consultation with the Minister for Finance, and are included in the written contracts on the basis of which permanent teachers are employed.
In particular, the Supreme Court agreed with the position of the Attorney General of the Republic that the issue of determining the rights of indefinite-term teachers falls within the exclusive competence of the executive power, as the employer of such persons, and that the House of Representatives, through the Law under reference, "clearly interferes with the scope of the executive power, even in the form of this administrative function, to which the distinct role of the above-mentioned Ministers is subject." The Supreme Court further stated that the award of entitlement to employees should be made within the limits of the statutory powers of each power, and in the proper context and by the proper institutional means.
On behalf of the Attorney General of the Republic, the case was handled by Ms Irene Neophytou, Senior Advocate of the Republic, and Ms Katia Hadjidimitriou, Advocate of the Republic I.
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