Greece’s Supreme Court – the Council of State – ruled on Friday that compulsory vaccination of EMAK health workers and rescuers in the fire department is constitutional and in line with super-legal provisions.
In addition, it held that the suspension from work of unvaccinated personnel and, therefore, without remuneration, was also in accordance with the Constitution.
Regarding vaccination against Covid-19 of medical personnel, the council said vaccination is considered a constitutional duty to demonstrate social solidarity.
The plenary meeting of the Council of State on Friday rejected all requests to overturn relevant ministerial decisions on mandatory vaccinations for employees such as firefighters, doctors, nurses, the Ambulance Service (EKAB), the National Federation of Public Hospital Staff (POEDIN), and others.
However, the Committee of Courts did not consider the issue of compulsory vaccination of all Greek citizens aged 60 and over. The age criterion is a question that, of course, requires separate consideration. At the end of October, Minister of Health Thanos P. Levris said that such a criterion was contrary to the Constitution.
As we reported previously, among academic constitutionalists there is still no consensus on this matter. According to some professors of constitutional law, this measure is justified by considerations of protecting the health of the population, since, in addition, this is an escalation of already adopted measures…
However, other lawyers argue that the imposition of an administrative fine is unconstitutional, since it violates key articles of the Constitution that define the right of every person to their own body.
Both sides seem to find it problematic to impose a penalty horizontally without considering other, and even repetitive, criteria that could affect the standard of living of many thousands of Greeks.