Greece / Council of State / 845/2013 A physical person (the applicant was a prosecutor) v the Ministry of Justice, Transparency and Human Rights

Key facts of the case:

The applicant, mother of triplets, claimed that the maternity leave should be increased due to the fact that not one but three children were born and have to be raised. The Court examined the application of the Code of labour for public servants for judges and prosecutors. The court examined the interpretation of maternity leave through jurisprudence of the relevant courts and primarily of the Court of Justice of the European Union.

Paragraphs referring to EU Charter: 

 

4. Due to the fact that, in Article 6 § 1 of the Treaty on European Union, as replaced by Article 1 p. 8 of the Lisbon Treaty, which was ratified by the first article of Law 3671/2008 (O.G A '129) and is valid from 1.12.2009, when it was ratified by all the Contracting States, it is provided that: "the Union recognizes the rights, freedoms and principles set out in the Charter of Fundamental rights of the European Union ...". Furthermore, in Article 20 of the Charter of Fundamental Rights of the European Union (2007 / C 303/02 and 2010 / C 83/02) is provided that: "All persons are equal before the law.", and in Article 33 of the Charter is provided: "1. Shall enjoy legal, economic and social protection of the family. 2. Every person in order to be able to reconcile family and professional life, has ... right to paid maternity leave and to parental leave following the birth or adoption of a child” The above provisions and the constitutional provisions contained in para. 3 of the Decision shaped the general framework for the reasoning. In para. 5 of the Decision, that follows the reference to the Charter, there is extended reference to Directive 96/34/EC of 3.6.1996 (L 145/19.6.1996), on the implementation of the framework agreement on parental leave as concluded on 14.12.1995 by the general Organizations (UNICE, CEEOA and CES), as amended by Directive 97/75/EC of the Council of 15.12.1997 (L 10/16.1.1998).

Deciding body (original language): 
Συμβούλιο της Επικρατείας
Language: 
Greek