The Supreme Court is preparing to interpret whether or not the appointment of interim teaching officials of non-university Teaching Bodies is discriminatory with respect to career officials, when counting it by the Public Administrations, instead of at the beginning of the school year, at the beginning the school period, as is clear from a battery of cars in which the corresponding appeals are admitted.
The annual average, in the cases in dispute, is around 10 days apart between the two dates. For this reason, the rapporteur, Judge Requero Ibáñez, concludes that “this question transcends the case that is the subject of the process, since the interpretative considerations regarding the possible discrimination of interim non-university teaching staff with respect to career personnel transcend the generality projecting on future litigation”.
The magistrate considers that it is “advisable, at this time, to address the question that is now being raised in order to confirm, reinforce, qualify or, where appropriate, correct, our doctrine, in relation to the date on which economic and administrative effects must be displayed appointments made when the beginning does not coincide with that of the school year and is after it”.
Thus, the Contentious-Administrative Chamber of the Supreme Court is preparing to interpret articles 8, 9 and 10 of the Consolidated Text of the Basic Statute of Public Employees in light of the ruling of the Court of Justice of the European Union (CJEU), of November 21, 2018, popularly known as De Diego Porras.
In this litigation, the European magistrates conclude that the absence of compensation for the termination of the interim contract is not contrary to Community regulations, to which the Chamber also adds that the compensation for the end of the temporary contract is not an adequate measure or enough to penalize the abusive use of temporary contracts.
The lower court rulings establish a doctrine that contradicts, among other resolutions, the one handed down by the Superior Court of Justice of Extremadura (TSJEX) in ruling no. 3/2021, at the request of the Junta de Extremadura, in which it is stated that: “It is not understood discriminatory, that interim teachers take office one day before the school period, unlike Career officials, who by their own link and circumstances are permanently linked. The Administration has proven that this difference in criteria is objective and based on reasonable grounds, in accordance with the reasoning of the Supreme Court and the Board, therefore the appeal must be successful, confirming the administrative resolution challenged in the instance”.
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