The civil service lawyer handles cases relating to the overall employment status of public sector employees, from the commencement of their service until its termination. In particular:
- Transfers, reassignments, relocations, mobility procedures for civil servants, National Health System (ESY) doctors, military personnel, and so on,
- Disciplinary liability of civil servants,
- Termination of employment, temporary suspension, automatic dismissal,
- Withholding and reimbursement of salaries,
- Procedures of the Supreme Council for Civil Personnel Selection (ASEP), submission of applications to participate, motions for reconsideration, objections against the list of successful candidates, applications for annulment against the final list of successful candidates,
- Application of the unified pay scale, allowances, prior service recognition, claims for salary differentials.
Disputes arising from the employment status of civil servants (appointment, secondment, reassignment, transfer, promotion, selection for positions of responsibility, salary differentials, disciplinary decisions, etc.) are brought before the Administrative Courts. Our firm specialises in handling such cases, having secured a series of important rulings.
- See also article Administrative Law Lawyer
- See also article Town Planning & Forestry Law Lawyer
- See also article Contribution in Land and Money
- See also article Military Disciplinary Law
- See also article Police Disciplinary Law
- See also article Lawyer for Education Law
- See also article Lawyer for Application for Annulment
- See also article Lawyer for State Civil Liability
- See also article Lawyer for Petition to the European Court of Human Rights (ECHR)
- See also article Medical Negligence Lawyer
- See also article SYPOTHA – Unauthorized Constructions
- See also article Fines for Unauthorized Constructions – SYPOTHA – Administrative Court of Appeals
- See also article Annulment of SYPOTHA Decision by the Council of State
- See also article Administrative Appeal
- See also article Sworn Administrative Inquiry (EDE)
FREQUENTLY ASKED QUESTIONS ABOUT CIVIL SERVICE LAWYERS
1. What can I do if I consider a disciplinary decision unfair?
A civil servant who has been disciplined may file an objection or appeal before the competent disciplinary council and, if a more severe sanction is imposed (salary deduction above a specified threshold, demotion, permanent dismissal), may file a substantive appeal before the Administrative Court of Appeals within 60 days. In parallel, procedural defects are reviewed, such as breach of the right to a prior hearing, inadequate reasoning, statute of limitations on the disciplinary offence, or improper composition of the body. Such defects often lead to annulment of the decision, regardless of the merits of the case.
2. How do I challenge a refusal of transfer or reassignment?
A decision rejecting a request for transfer, reassignment, or secondment may be challenged by an application for annulment before the Administrative Court of Appeals within 60 days of service. Beforehand, in several cases an administrative appeal to the competent body is provided for. Common grounds for annulment include breach of scoring criteria, failure to conduct a comparative evaluation against other candidates, inadequate reasoning, and the administration’s exceeding the limits of its discretionary power. This is often accompanied by an application for suspension of execution, so that the employee is not prejudiced until the final judgment is issued.
3. What do I do if I have been excluded from an ASEP competition?
A candidate who has been excluded or ranked in a lower position than that to which they are entitled submits an objection against the provisional ranking list within the deadline set by the announcement (usually 10 days). If the objection is rejected or if rights are affected by the final list, an application for annulment is filed before the Council of State (StE) within 60 days. Common grounds include non-recognition of prior service, incorrect scoring of qualifications, exclusion on the basis of formal omissions that are remediable, and breach of the principle of equal treatment.
4. How quickly must I act after service of an administrative act?
The deadlines are strict and their lapse leads to dismissal without examination of the merits. The application for annulment is, as a rule, filed within 60 days from service or from full knowledge of the contested act. The administrative appeal has a shorter deadline (often 30 days). In ASEP competitions, objections against rankings are filed within 10 days. For those resident abroad, the deadline is extended. Seeking a lawyer’s advice from the very first step is decisive, so that no critical deadline is missed.
5. Can I retroactively claim salary differentials?
A civil servant who has received remuneration lower than that legally due (wrong pay grade, non-recognition of prior service, non-payment of allowances, withholdings during a suspension that was subsequently annulled) may file a lawsuit before the Administrative Court of First Instance. The claim is, as a rule, subject to a two-year statute of limitations against the State, and prompt action is therefore required to avoid losing accrued sums. Prior to the lawsuit, an application is submitted to the service and, in the event of tacit or express rejection, the case is brought before the courts with a request also for default interest.
6. What role does the lawyer play in a service-related case?
Our firm undertakes the full handling of the case from the initial stage: drafting of defence memoranda before EDE proceedings and disciplinary councils, representation at hearings, filing of objections, administrative appeals, and applications for annulment, applications for suspension for immediate protection, lawsuits for salary claims, and State civil liability. Specialisation in civil service law makes it possible to identify procedural defects that lead to annulment, even when the merits initially appear unfavourable. Compliance with all deadlines is ensured, together with a coherent strategy at both the administrative and judicial levels.