Associations can appeal OPEs before the Council of Ministers

Associations can appeal OPEs before the Council of Ministers
Associations can appeal OPEs before the Council of Ministers

Francisco Marín Castán, President of the Supreme Court.

He Supreme Court has issued a ruling stating that associations can appeal Public Employment Offers (OPEs)including health ones, before the Council of Ministers itself. This is a recently published document in which it is specified that the Chamber of the Supreme Court has seen the contentious-administrative appeal no. 1058/2023, filed by the Professional Association of the Higher Corps of Civil Administrators of the State against the agreement of the Council of Ministers of July 31, 2023, which does not admit the appeal filed against Royal Decree 625/2023, of July 11, approving the public employment offer for the year 2023, which is also being appealed.

“In its claim, the Association argues, first of all, its active legitimation. It begins by recalling that both article 24 of the Constitution and articles 19 of the Law of Jurisdiction and 7.3 of the Organic Law of the Judicial Branch recognize the legitimacy of legal persons to defend legitimate rights and interests and that these are those delimited in their statutes“, the sentence explains. “Then, he recalls the purposes of the Association, which, he reminds us, is made up of officials of the Corps and that the decision of incorporate as civil servant interim to those who participate in the selection process and do not pass it is contrary to Law 20/2021, of December 28, on urgent measures for the Reduction of temporary employment in public employmentto European and Spanish jurisprudence and to the Basic Statute of Public Employees,” they added.

Along these lines, the Association stresses that this is the first time that it is contemplating appointing interim officials in the Corps, no less than candidates who exceed only the first exercise of the selection process. This, he says, “directly affects the conformation of the Body and its institutional image, on which public trust depends.”

Preparation of candidate lists

While the State Attorney asks for the inadmissibility of the appeal and, subsidiarily, its dismissal. Where appropriate, it summarizes the arguments of the Council of Ministers’ agreement to deny active legitimacy to the appellant Association and, in response to the reasons offered by the claim, in addition to referring to those, it adds that it is well known that article 3.20 of Royal Decree 625/2023 does not determine the appointment of interim officials in the Corps of Civil Administrators of the State, but rather the simple preparation of lists of candidates for a future and uncertain hypothesis of such an appointment, the eventuality of which is conditioned by the prior report of the General Directorate of the Civil Service.

In the words of the lawyer, to foresee that the calls contemplate the preparation of lists of candidates to expedite incorporation of interim or temporary labor personnel, without requiring that they must be appointed, “does not violate Law 20/2021”: “It considers that the claim seems to confuse the preparation of this list with the effective appointment as interim or labor personnel. However, to carry it out, it is necessary to comply with the rules of article 20 Fifth of Law 31/2022, of December 23, on the General State Budget for 2023, according to which It will not be possible to hire labor personnel or make temporary appointments except in exceptional cases and to cover urgent and unpostponable needs in the cases and with the modalities provided for by the Workers’ Statute and the Basic Statute of Public Employees.”

After hearing both parties, the court’s ruling was that partially estimate the contentious-administrative appeal No. 1058/2023, filed by the Professional Association of the Senior Corps of Civil Administrators of the State against the agreement of the Council of Ministers of July 31, 2023, by which its appeal for reconsideration against Royal Decree 625/2023, of July 11, by which it is approves the public employment offer corresponding to the 2023 financial year, and against the latter.

Thus, annul the agreement of the Council of Ministers of July 31, 2023, but dismisses the appeal as to the remainder and does not impose costs.

The information published in Redacción Médica contains statements, data and declarations from official institutions and health professionals. However, if you have any questions regarding your health, consult your corresponding health specialist.

 
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