The Third Chamber of the Supreme Court accepted the provisional suspension of the public employment offer for the 2024 financial year of the Special Corps of Penitentiary Institutions in the quota of 73 places to be filled thanks to the free access to teams procedure and 45 others through the internal promotion procedure.
The court confirms the precautionary measure requested by an official of the Deputy Corps of Penitentiary Institutions who appealed the decree of July 2 approving the entry and internal promotion of new positions in this special corps.
In his request, he alleged that the distribution of places by teams violates article 5 of Law 36/1977, of May 23, on the organization of the Special Penitentiary Corps and on the creation of the Corps of Assistants of Penitentiary Institutions, which provides that 60 percent of vacant positions will be reserved for officials of the Corps of Assistants with the corresponding qualification, as part of a restricted team. He estimated that if 118 vacancies were offered, 60 percent of them determines that 71 positions and not 45 must be allocated to internal promotion.
The Chamber considers that in this case the presuppositions of appearance of good law and preservation of the legitimate interest of the appeal and the interests at stake established by law for the adoption of the precautionary measure meet.
“The direct understanding of Article 5 of Law 36/1977 does not seem to be what the State Administration is proposing to us since, without any effort of interpretation and at first reading, we can affirm that the precept is sufficiently precise. What he says is that sixty percent of the vacant positions called to enter the Special Corps of Penitentiary Institutions must be reserved for internal promotion, that is to say not for those who are called for rotation free”, declared the magistrates, who will later rule on the merits of the appeal.
