The Supreme Court suspends an offer of public employment in Penitentiary Institutions for failing to comply with the law

The court upholds the precautionary measure requested by an official of the Penitentiary Institutions Assistant Corps who filed an appeal against the decree of July 2 approving new entry and internal promotion positions in this special corps.

In his request, he alleged that the distribution of places in shifts violates article 5 of Law 36/1977, of May 23, on the organization of the Special Penitentiary Corps and on the creation of the Corps of Assistants of Penitentiary Institutions, which provides that 60 percent of the vacancies that are called will be reserved for provision in a restricted shift to officials of the Corps of Assistants who have the corresponding qualification. He reasoned that, if 118 vacant positions were offered, 60 percent of them determines that 71 positions and not 45 must be assigned to internal promotion.

The Chamber considers that in this case the presuppositions of appearance of good law and preservation of the legitimate interest of the appeal and the interests at stake established by law for the adoption of the precautionary measure meet.

«The direct understanding of article 5 of Law 36/1977 does not seem to be what the State Administration proposes to us since, without any interpretative effort and at first reading, it can be stated that the precept is sufficiently precise. What it says is that sixty percent of the vacancies that are called for entry into the Special Corps of Penitentiary Institutions must be reserved for the internal promotion shift, that is, not those that are called for the free shift,” the magistrates, who will later rule on the merits of the appeal.