New sentences of the Supreme Court reiterate their criteria on the future of interim and workers in whose cases the administration has abused temporality: they cannot automatically become officials or permanent workers without going through a legal selection process. The Spanish regulations, despite various sentences of European courts in recent years, do not allow the temporary personnel of the administration to be converted into career or fixed officials “without mediation with legally planned selective processes.”
The future of public administration workers who have chained temporary contracts irregular for years is one of the great labor battles before European courts. Various resolutions of the Court of Justice of the European Union have reproached Spain that it has not offered a solution to the interim and has claimed that the solution will be fixed or some assimilable figure.
The contentious room maintains from the beginning that Spanish regulations do not allow to reach that solution by way of automatism: recognize a fixity or even the condition of a career official without going through an opposition or a similar process. “Our right does not allow temporary personnel to be a career official or fixed personnel without legally planned selective processes.”
The judges specify that do not speak of “any forms of selection” but “procedures based on the principles of merit and capacity and equality, convened for that purpose and resolved with all guarantees.” That, adds the supreme, is what distinguishes the public sphere of the private. The impediment of applying European sentences without more, adds, “is not mere legality, but of constitutionality,” he adds.
“Admitting the conversion would violate the essential element of the configuration of the public function,” claims the Supreme Court after rejecting the case again before the Court of Justice of the Union.
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