Return to pay extra official state cancelled

Commentary on the Judgment of the National Court of 30 January 2014

Abstract

The Central Administrative Court no. 4 of Madrid has condemned the Home Office to return to a prison officer 's proportionate share of the bonus and special allowance , accrued between June 1 and July 14, 2012 , when it entered into force of Decree Law 20 / 2012 on measures to ensure fiscal stability and promoting competitiveness , considering that the retroactive application of the legal rule contravenes the principles of legal certainty and legitimate expectations. It is argued that the bonus reflects a cumulative accrual criterion, which is perfect at the end of the period of six months, which does not mean that in certain circumstances a partial accrual occurs, such as termination of active duty Civil changing destination, finding in the case that concerns us here right generating a partial accrual period of time the royal decree-law was not in force.