Temporality in public employment: Most frequently infringement and reactions from the Court of Justice of the European Union

Abstract

The temporary recruitment by the public Administrations of both civil servers and labor personnel has been increasing and has been infected by the same defects that affect fixed-term employment in the private sector (rotation, prolongation over time, etc.). The limitations imposed by the line of replacement of staff carry an artificial or fictitious temporality, because in fact these workers serve functions of general interest in favor of citizens of continuous demand. Such circumstances have been highlighted by the Court of Justice of the European Union, requiring a rapid intervention by the Spanish legislator with the purpose of establishing sanction mechanisms, while providing a compatible solution between the consolidation and the principle of merit and capacity in the access to public employment.