CoS: Declared unconstitutional the non-calculation of previous experience in private education for the recruitment of teachers in public schools

The decisions 1251-1254/2024 of the Plenary Session of the Council of State ruled as follows: By Law No. 4589/2019 the system of recruitment of teachers in public education is provided for, with a qualification rating based to a significant extent on the criterion of educational experience, which indicates the experience of the candidate. The legislator set as a criterion, among others, for the selection of teachers the candidate's experience as a substitute in public education, and only exceptionally in private education, and this because of the contribution of teachers as substitutes to public education. And it is in principle legitimate for the legislature to differentiate between the experience gained in public education and that gained in private education, but only if that experience constitutes a selection criterion in accordance with the principles of equality and meritocracy, the total failure to give any weighting to length of service in private education, with certain exceptions only, infringes the constitutional principles of equality and meritocracy and the purpose of the law to appoint to public education the most competent and experienced. Finally, while it is legitimate for the legislature to support those who have served as substitutes or hourly employees in public education and to provide for a more favourable way of calculating their experience compared with that provided in the private sector, it cannot, however, completely ignore experience in private education, given that the recruitment system of Law No. 4589/2019 attaches particular importance to educational experience.