Escriv's plan within the face of the blow by the EU Court to Spain as a result of interims: do nothing (for now) | EUROtoday

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The Minister of Public Function, Jose Luis Escriv, kicked ahead this Thursday after studying the judgment which I revealed yesterday Court of Justice of the European Union (CJEU)by which he once more urges to do indefinite to all employees non permanent of the Spanish Public Administration who’ve been chaining non permanent contracts for a minimum of 3 years.

“We have a new sentence, but we are waiting of what I believe is the most important sentence, which is the one that respond to the preliminary ruling presented by the Supreme Court, that at some point I will have to unify doctrine on these situations. We are, as it cannot be otherwise, waiting to see how this whole matter ends up being substantiated in the judicial field, in which it is installed at the moment, so that later we have the appropriate reflection to see to what extent our frame of reference has to adapt or not in this area,” he stated in statements to the media in Seville.

In this fashion it postpones making any resolution till the CJEU responds to the question posed by the Supreme Court to search out out whether or not the way in which by which Spain organizes hiring within the Administration is in accordance with EU legislation or not, a doubt raised after in February the courtroom of Strasbourg would rule – on the one hand – that the components devised by the Government to struggle in opposition to non permanent employment within the public sector (which consists of opening vacancies for positions which have historically been occupied by interim employees and compensating those that don’t cross this course of) isn’t sufficiently dissuasive to keep away from the abuse of temporality, and – then again – to recommend that one option to resolve it was convert all interim staff into everlasting or everlasting positions so computerized.

“Our commitment to employment stability is extremely high. Let's have a discussion in the Secretary of State for Public Function on these issues and this ruling, and we will see how this ends with the most important ruling, which is the one that responds to the Supreme Court. We have to have a forward reflection on whether what we have done so far is enough or not, with the unions, with other administrations and with the autonomous communities,” stated the minister.

The fact is that for now confusion reigns within the group of non permanent employees of the Administration. The pronouncements of Europe have given them wings and esperanza, particularly those that have been chaining contracts within the Administration for many years and protecting employees wants which can be really everlasting. However, the passivity of the Executive and the doubts raised by the Supreme Courtwhich has additionally thought of that their computerized conversion into civil servants can be opposite to Spanish legislation, causes the rising uncertainty on this group.

The CJEU has been clear in its ruling when mentioning that the courts should “disapply” the jurisprudence of the Supreme Court, which appears to point that it’ll both take into account its preliminary query answered with this ruling or ship the identical message once more.

“This sentence It is an amendment to the entire doctrine of the Supreme and to law 20/2021, pointing out that neither of them complies with the European directive. Given that the measures that the Government has implemented to prevent the abuse of temporality do not work, the Court suggests that stabilization be carried out as long as it is not contrary to national law. And the truth is that it is not contrary, because the law says that there cannot be any Public Administration worker who has not passed a selection process and the interims have passed it. “If there are circumstances by which they haven’t handed it, the CJEU proposes that they be given the identical rights as profession civil servants with out giving them that class,” he explains to EL MUNDO. Javier Arauz, lawyer for some 25,000 interim and who took the matter to Europe.

In his opinion, the Supreme Court will be forced to withdraw its doctrine and the courts will have to declare permanent all the Administration workers who sue for this reason and who, according to their calculations, they could be around a million. “There are two options: both the legislator modifications the legislation, as a result of the CJEU has already instructed him that it’s opposite to European legislation, beginning by suspending it for the second; or the employees complain; it’s the solely means,” he points out.

This lawyer remembers the unfair situation that many people in the country are experiencing, who deserve a solution, and also that Spain committed to Brussels in Component 11 of the Recovery Plan to reduce the temporary rate of Public Administrations, which is currently close to 30%, to 8% before 2025: “In phrases of reform of the Public Administrations, the element goals, on the one hand, to position the non permanent employment charge beneath 8% in all Spanish Public Administrations, in addition to to determine efficient measures to stop and sanction the abusive use of non permanent public employment“, states the Plan. The law that was approved in 2021 to achieve these goals has not been effective.

The majority union of public employees, CSIFa value that the ruling “as soon as once more highlights the abuse of non permanent employment that the Spanish administrations have carried out during the last decade” and denounced that “the alternative charge prevented public employment gives from being referred to as and the administrations abused non permanent hiring (…) As established by the CJEU, it’s as much as the Spanish courts to rule on the sanctioning measures that must be imposed within the occasion of abuse, so long as they don’t contravene nationwide legislation. That stated, at current, the Government. and the totally different administrations aren’t adequately making use of the deadlines established by the Law. In addition, the alternative charge will perpetuate the issue and make it tough to satisfy the target of lowering the interim interval to eight% on the finish of the 12 months, to answer the calls for of Brussels”.