A judge in Barcelona asks European justice whether the new law is interrupted by the abuse of temporary rights

President of court number 17 administrative litigation Barcelona’s lawyer submitted a preliminary ruling to the Court of Justice of the European Union (CJEU) on the legality of the new law. temporariness in public administration. In other words, the magistrate doubts whether the new norm adopted between the Government, the trade unions and the parliamentary majority in Congress complies with the European directive and offers a solution for those who have been abused so far. It should now be the CJEU to decide whether Spanish law is compatible with the European directive. Disclosure can take months or years, and CJEU magistrates are not guaranteed to be open about assessments sent from the Barcelona court.

The case that European justice has to decide is fraught with ‘usual suspects’ in the case of abuses of interim governments in recent years. On the one hand, the judge who sent the question for a preliminary ruling is the same who gave the first sentence to permanently recognize a temporary official, as EL PERIÓDICO, a newspaper belonging to the same group in Catalonia, argues. medium, Prensa Ibérica, in November 2021.

On the other hand, the lawyer of the plaintiff, on which the preliminary ruling is based – an employee of the Generalitat Ministry of Justice who has accumulated 37 years of temporary service – Francisco Javier Arauz. This former state attorney has been touring Spain for the past three years, holding conferences with temporary people to attract clients to his firm, under the promise that justice will rule in his favor and automatically recognize them permanently if they are temporary. abuse. Without the opposition or entering any competition of merit, as determined by the new law approved by the government.

In the preliminary decision of the magistrate, he emphasizes that the new norm was not considered “any sanctionsIn other words, the magistrate does not consider the responsibilities required by the norm sufficient for the head of the contracting department. , when the norm constitutes a compensation worked 20 days a yearwith a payment limit of 12 months, provided that the provisional period is submitted to the opposition and lost.

fear of losing your job

Despite the fact that some of the interns who have served in the Administration for years have spent a long time proving the validity of the new regulations through their work, there is a fear that the new regulations will not ensure retention in their roles. The norm is structured between stabilization processes being public and everyone able to present themselves – the constitutional principle of free competition – and the desire to prevent any of the temporary workers who have been in this position for years from losing it. . . .

Different organizations are finalizing or already announcing public job offers to stabilize the places currently occupied by temporary workers. Calls for them should be posted before June 1, and exams and tests will be called in the coming months and before the end of the year.

Source: Informacion


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