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Greece / Council of State / 1900/2014

An individual v the Minister of Education

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Council of State
Decision date:

Key facts of the case:

The applicant (a teacher) was automatically suspended due to the referral at the Civil Servants Council of Secondary Education on disciplinary grounds of derelictions of duty. The applicant and the Confederation claimed that the (temporary) suspension is against the Greek constitution and the EU legislation (Charter included) on reasons which ran counter to the presumption of innocence until a final judgment is delivered. The applicants claimed that suspension before a final court decision on the case is against art. 6 para 2 of the European Convention; the relevant ECHR jurisprudence has repeatedly affirmed that the above provision includes breaches of discipline and administrative sanctions. The Court supported the idea and judged by a majority that suspension is not a type of sanction but rather a necessary and temporary measure connected with public interest.