Subject of Dispute: Review of a Court Decision on Dismissal of a Teacher Due to Reaching Retirement Age after the Constitutional Court Declared the Norm on Fixed-Term Employment Contracts for Educators Unconstitutional.
Main Arguments of the Court: The Court considers that even after the norm on fixed-term employment contracts for educators was declared unconstitutional, the previous court decision cannot be reviewed, as this would violate the principle of res judicata (finality of a court decision). The Constitutional Court recognized the norm limiting the rights of educators in state and municipal schools as discriminatory, but this does not automatically provide grounds for reviewing previously adopted court decisions.
Court Decision: The Supreme Court left the teacher’s cassation appeal unsatisfied and previous court decisions unchanged.
