• ecj

Appointment of cleaners by Greek government goes to European Court

Council of State send preliminary quesions to EU over compatibility of hirings with EU law

The issue of the appointment by the Greek government of cleaning, restaurant and security staff has gone beyond the Greek borders after the 3rd department of the Council of State (CoS) in Greece sent preliminary questions to the Court of Justice of the European Union (CJEU). The CoS requested to know whether the appointments of the personnel on annual contact basis was compatible with EU law. In 2016 the CoS had suspended the call to tender regarding the hiring of cleaners on personal contracts in hospitals. The members of the CoS will convene after the CJEU has issued a ruling on the matter. The CoS examined the compatibility of law 4430/2016 with the EU legal framework with regards to whether fixed-term employment contracts in cleaning, catering and security could be regarded as “employment” that is termed as a permitted derogation under directive 2014/24/EU for public procurement. In the preliminary questions, the CoS also express their concerns over whether these appointments did indeed cover emergency needs, while it also raises the issue of defending the financial interests of the involved Ministries in order to ensure the most efficient use of public funds.