The CoE opens a window for the return of unvaccinated health workers
A decision by the Council of State, which ruled unconstitutional the extension that has been given until the end of the year for the mandatory vaccination of health workers, opens a window to return to work for health workers who have not been vaccinated.
The Supreme Court, to which POEDIN had appealed, ruled that the regulation in question to extend the mandatory vaccination of health workers until the end of the year (31.12.2022) is unconstitutional, because the competent services should have, as defined, reassessed the necessity of the measure.
In particular, the seven-member composition of the 3rd Section of the Supreme Court of Cassation with case no. 2332/2022 (chairman, vice-chairman Giorgos Tsimekas and rapporteur Vassilis Androulakis, State Counselor), ruled that the provision by which the validity of the re-evaluation of mandatory vaccination of workers in health structures until 12-31-2020. to the constitutional principle of proportionality.
At the same time, the State Councilors annulled the ministerial decision that defined the procedure for hiring fixed-term staff in accordance with the provisions of Article 50 of Law 4825/2021.
Before ruling, the competent Department of the CoE took into account previous decisions of the Plenary which had judged that the measures taken to protect public health against the coronavirus, such as mandatory vaccination of workers, must be reviewed periodically by the competent state bodies. depending on the existing epidemiological data and the evolution of valid scientific assumptions.
Thus, the State Councilors note in their decision, that a period of more than 8 months has already passed since the adoption of the measure of mandatory vaccination of workers in health structures, that is “a period which, due to the nature of the measure and its consequences, clearly exceeds . the reasonable, without, however, having carried out a re-evaluation, based on up-to-date, at that time, scientific and epidemiological data, on the value, effectiveness and consequences of vaccines against the coronavirus and the course and evolution of the pandemic”.
It is worth noting, however, that the judicial sources point out that the competent services that take the decisions on the time of implementation of the mandatory vaccination measure, can evaluate the measure for health workers and meet the conditions set by the decision of the Council of State.
Side for unvaccinated health workers: We will take measures to ensure that public health is not endangered by the decision of the CoE
The Minister of Health, Thanos Plevris, on the occasion of the decision of the CoE, made the following statement:
“The decision to suspend unvaccinated health workers aims to protect the health of citizens and was initially judged by the Plenary of the Council of Ministers as a constitutional measure. With the latest decision of 2332/22 of the 3rd section of the CoE, issues of constitutionality are raised regarding the extension of the measure. We await the publication of the decision to assess it in its entirety. We assure the citizens that we will take all the necessary measures so that public health is not endangered by the implementation of the decision”.
Mina Moustakas, Nina Komnenou