2023-10-20 08:03:00
Two paragraphs of a decree of the Walloon Region relating to the status of the public administrator modified in 2018 in the midst of the Publifin/Nethys affair as well as articles 13 and 35 of the decree of March 29, 2018 on “government commissioners and the missions of control of auditors within public interest organizations aimed at strengthening governance and ethics within Walloon organizations” violate Article 16 of the Constitution, read in combination with Article 1 of the First Additional Protocol to the Convention European Court of Human Rights, the Constitutional Court ruled on Thursday.
It was the Liège labor court which requested it in 2022 as part of a dispute concerning the application of the remuneration ceiling for public administrators in the south of the country after the Publifin scandal. Indeed, it appeared that many public officials were receiving very (too?) large amounts.
The Liège labor court requested the Court for a case concerning the former boss of Liège Airport, Luc Partoune, who also had to reduce his remuneration, in order to adjust it to the remuneration ceiling of 245,000 euros annually.
Luc Partoune had filed an action against the airport before the Liège labor court to oppose the application of the ceiling.
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Before the court
His action was deemed unfounded in 2020, but he appealed. In March 2022, the courts again rejected all the arguments raised by the complainant, with the exception of the violation of property rights about which it had asked two preliminary questions to the Constitutional Court. “The provisions in question pursue an objective of legitimate general interest, namely the strengthening of trust between the public authority and the citizen and the guarantee of good governance and the sound management of public funds,” admits the latter.
However, if this objective can justify the principle of a ceiling, “it does not, however, justify the fact that, through a transitional period of only one and a half months, one of the fundamental elements of legal employment contracts is affected. private in progress”.
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