A new European judgment fundamentally challenges the formulas Spain has used so far to manage abusive temporary employment in public administrations
The Court of Justice of the European Union (CJEU) once again turns its attention to temporary public employment. The judgment delivered in case C-418/24, known as the Obadal case, and made public yesterday, issues a warning that is difficult to ignore: the mechanisms with which the Spanish legal system has addressed the irregular chaining of contracts and appointments in the public sector do not meet the European standard of effectiveness, proportionality and deterrent effect.
The implications of the ruling go far beyond the specific case. They affect the status of “indefinite non-permanent” workers, severance compensation, and the mechanisms of administrative liability. Its reasoning is also applicable to both labour staff and interim civil servants.
Francisco Javier Ramón, partner at Toda & Nel-lo and a specialist in Public, Administrative and Regulatory Law, analyses the real scope of this decision and its consequences for Spanish courts, public administrations and temporary public employees in an opinion piece published in Expansión.
You can read it at the following link:
Opinion | Expansión – Spain runs out of arguments against interim staff
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
