Post by soyeb19 on Feb 17, 2024 20:45:44 GMT -7
Analysis of the Judgment of the Supreme Court (Litigation-Administrative Chamber, Section 4) of 25/2023 of January 12 (RJ\2023\792).
The appellant was appointed, on October 1, 2009, as interim doctor , occupying a position as a family doctor in the Primary Care Team of L'Alcudia de Crespins
He attended the 2015 local elections, being elected councilor of L'Alcudia de Crespins and by resolution of the mayor's office, dated June 22, 2015, he was appointed member of the Governing Board, without receiving any amount in terms of total dedication or partial.
By resolution of November 27, 2017, a transfer competition was called to fill vacant positions for EAP doctors in health institutions dependent on the Valencian Health Whatsapp Database Service, including two vacant positions in the EAP of L'Alcudia de Crespins.
The appellant challenged said resolution alleging that by virtue of article 74.3 [1] of Law 7/1985, of April 2, Regulating the Bases of Local Regime (LRBRL), it is not possible to offer the vacant position that he had been occupying as interim while for the duration of his term as councilor.
Question of cassational interest
1. The question of cassational interest is limited to judging whether the guarantee of permanence in the work center or centers - in this case, public - provided for in article 74.3 of the Regulatory Law of Local Regime Bases (LRBRL), is applicable who is a councilor without exclusive dedication or remuneration and fills a vacant position as an interim official or interim medical statutory staff.
2 If this question is resolved affirmatively and applied to the case, the consequence will be that the position occupied by the interim elected councilor cannot be put to a transfer competition between career civil servants or permanent statutory staff and while he or she performs that position without exclusive dedication .
Room reasoning
The Supreme Court declares that, according to section 1 of article 74 of the LRBRL, in the case of career public officials or permanent statutory staff, whoever is elected councilor and exercises this representative position with exclusive dedication and on a paid basis passes to the administrative service situation. specials . However, and in accordance with section 3, if they do not exercise it in such a way, their performance is compatible with active service in the official or statutory position, in which case the exercise of their municipal representative function is protected, guaranteeing that as long as it is Councilor will remain in the " work center or centers " where he was assigned at the time of being elected councilor, then he cannot be transferred or forced to compete for other vacant positions in a different place.
The appellant was appointed, on October 1, 2009, as interim doctor , occupying a position as a family doctor in the Primary Care Team of L'Alcudia de Crespins
He attended the 2015 local elections, being elected councilor of L'Alcudia de Crespins and by resolution of the mayor's office, dated June 22, 2015, he was appointed member of the Governing Board, without receiving any amount in terms of total dedication or partial.
By resolution of November 27, 2017, a transfer competition was called to fill vacant positions for EAP doctors in health institutions dependent on the Valencian Health Whatsapp Database Service, including two vacant positions in the EAP of L'Alcudia de Crespins.
The appellant challenged said resolution alleging that by virtue of article 74.3 [1] of Law 7/1985, of April 2, Regulating the Bases of Local Regime (LRBRL), it is not possible to offer the vacant position that he had been occupying as interim while for the duration of his term as councilor.
Question of cassational interest
1. The question of cassational interest is limited to judging whether the guarantee of permanence in the work center or centers - in this case, public - provided for in article 74.3 of the Regulatory Law of Local Regime Bases (LRBRL), is applicable who is a councilor without exclusive dedication or remuneration and fills a vacant position as an interim official or interim medical statutory staff.
2 If this question is resolved affirmatively and applied to the case, the consequence will be that the position occupied by the interim elected councilor cannot be put to a transfer competition between career civil servants or permanent statutory staff and while he or she performs that position without exclusive dedication .
Room reasoning
The Supreme Court declares that, according to section 1 of article 74 of the LRBRL, in the case of career public officials or permanent statutory staff, whoever is elected councilor and exercises this representative position with exclusive dedication and on a paid basis passes to the administrative service situation. specials . However, and in accordance with section 3, if they do not exercise it in such a way, their performance is compatible with active service in the official or statutory position, in which case the exercise of their municipal representative function is protected, guaranteeing that as long as it is Councilor will remain in the " work center or centers " where he was assigned at the time of being elected councilor, then he cannot be transferred or forced to compete for other vacant positions in a different place.