The Plenary of the Council of State deemed the hiring system for educators by the Law 3848/2010 anti-constitutional; according to this system of employment, 60% of the positions are filled by educators appointed by ASEP and 40% by educators listed on the board of temporary associate educators with real experience. The Plenary also stipulated that the controversial analogous appointment of the educators infringes the constitutional principles of equality and meritocracy (Articles 4 and 5 of the Constitution); the case was referred before the Administrative Court of Appeals of Athens by the decision 527/2015.  

The latter had in any case paved the way for this case to be solved by a supreme court, by sending alongside the model trial process pre-trial inquiries on the constitutionality -or lack thereof - of the legal framework concerning the educators’ employment formed in 2010. The petition was filed by 85 educators of several specialties who had succeeded in the examination process of ASEP in 2008, yet remained unemployed due to the law in question.