Havoc in National Guard hierarchy | Administrative Court annuls promotions of Senior Officers

Defence Redefined

10/12/2020

The Administrative Court, by its decision on December 8, 2020, ruled that the decision regarding the retirement of a senior officer of the National Guard as “successfully terminating his service” is invalid and further annulled the promotions of four Brigadier Generals.

Specifically, the applicant, Colonel (Inf) Zonias challenged the decision for his retirement and the legality of the promotion of four Colonels to the rank of Brigadier Generals on August 07, 2020. The Judge of the Administrative Court, E. Gabriel, based on the data of the case presented before him, held that the Supreme Officers’ Judgement Council did not disclose the public interest reasons based on which it was decided to retire the Officer in question. The general and vague reference to the regulations is not enough, since it does not allow judicial review, the Court mentions in its decision, among other things.

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It is also noted that Colonel Zonias requested with a separate appeal the cancellation of the promotion to the rank of Brigadier General of the four Colonels who were promoted. The Court decided, however, to adjudicate the two appeals together and in short time.

Also read: Ceremony in honor of the Retired Officers of the National Guard | Photos

With its decision, the Court now raises the issue of reviewing the officers’ judgements and possibly playing havoc with the National Guard hierarchy. The Government, however, reserves the right to appeal to the Supreme Court which, in the event of an appeal, will be called upon to present a final adjudication on the matter.

The counselor for Colonel Zonia was Costas Paraskevas (PhD) for Dr. Costas Paraskevas & Associates L.L.C and for Pelekanos & Pelekanos D.L.C. The full text of the decision is available here (only in Greek).

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