Discrimination against women and continuous unconstitutional crisis by the Plenary Session of the Council of State of the ministerial decision of 2007, which resulted in a minimum height of 1.65 m for women and 1.70 m for men to participate in a competition for the status of military schools.
The Supreme Court accepted the appeal of a candidate, who was excluded from the competition because he did not have the required minimum height of 1.65 m (but 1.63 m) and the ecclesiastical decision of the Administrative Court of Appeal, which had ruled otherwise, disappeared.
In particular, the Plenary Session of the CoC with its decision no. 1363/2021 considered that the provision of the ministerial decision 1211.2 / 18/07 / 25-9-2007, which defined as a necessary qualification for participation in a competition for the Ports minimum system per male candidate 1.70 m, for women candidates 1.65 m., Causes discrimination in the weight of women potential candidates, in the sense of excluding them to a much greater increase male potential candidates.
According to the State Counselors, the provision “contradicts both EU law and the editorial principles on gender equality, meritocracy and proportional representation, as there is no objective justification for the supply and necessity of this minimum, the “Exercising the wide, in principle, ability of the regulatory legislator to establish the necessary qualifications of the candidate port guards exceeded in this case, in view of the successive and unreasonable fluctuations of the provided minimum height, the necessary height”.