Barcelona’s administrative litigation court number 17 has sent a preliminary ruling to the Court of Justice of the European Union (CJEU) regarding the legality of a new Spanish law on temporary public administration positions. In plain terms, the magistrate questions whether the government, trade unions, and Congress majority complied with the European directive when adopting the reform, and whether it offers a remedy for individuals who have faced abuse under the existing regime. The CJEU now must decide if this national measure aligns with European law. The timing of a ruling is uncertain and could stretch over months or years, and there is no guarantee of a prompt, transparent assessment from the Barcelona court.
The case before the EU judges centers on familiar issues surrounding the use of interim public servants in recent years. On one hand, the same judge who referred the question also authored a first ruling that established a pathway for permanent recognition of temporary officials, as reported by EL PERIÓDICO, a member of the Prensa Ibérica group in Catalonia, in November 2021 (Source: EL PERIÓDICO).
On the other hand, the plaintiff in the case behind the preliminary ruling is Francisco Javier Arauz, a former state attorney who has spent 37 years in temporary service within the Generalitat’s Justice Ministry. Arauz has been touring Spain over the past three years, delivering talks with temporary workers to attract clients to his firm, promising that the court will rule in their favor and automatically grant permanent status if their appointments were temporary abuses. This was presented as a direct challenge to the opposition or any merit-based selection required by the new government-approved law (Source: EL PERIÓDICO).
In the magistrate’s preliminary assessment, the new norm is criticized for not clearly establishing penalties or consequences for the head of the contracting department. The ruling notes that the reform merely compensates with 20 days of work per year and a cap of 12 months in payment when temporary service is subjected to a formal competition that was either lost or not pursued, raising questions about the sufficiency of sanctions under the law (Source: EL PERIÓDICO).
fear of losing your job
Even as some interns who have served in the administration for years have continued to press for validation of the new rules through their day-to-day work, there remains a palpable fear that the reforms may not guarantee ongoing employment for current temporary staff. The framework proposes stabilization through public processes and open eligibility while aiming to protect long-standing temporary workers from losing their positions. The tension between competitive entry and job security creates a delicate balancing act that is being watched closely by workers and officials alike (Source: EL PERIÓDICO).
Several public bodies and labor organizations are finalizing, or already announcing, public calls to stabilize the positions currently held by temporary workers. The process is expected to open calls before June 1, followed by examinations and assessments scheduled in the ensuing months and concluding by year’s end, with the aim of consolidating the roles for those with sustained temporary tenure (Source: EL PERIÓDICO).