What should we do with the permanent non-regular? The reactions that are taking place following the Ruling of the Court of Justice of the European Union of 22 February 2024, concerning cases C-59/22, C-110/22, and C-159/22

Abstract

Despite the efforts of Ley 20/2021, de medidas urgentes para la reducción de la temporalidad en el empleo público, the transposition into our domestic law of the content of Directive 1999/70/EC remains insufficient in the field of public employment. And this lack of measures equivalent to those contained in clause 5 of the aforementioned directive is precisely what the Ruling of the Court of Justice of the European Union of 22 February 2024 reproaches our country. It excludes as an appropriate measure the conversion of the temporary worker, who has suffered the abusive and successive use of the temporary use, into permanent non-regular, because he maintains his situation of precariousness and irregularity. Neither the holding of stabilization processes, nor the payment of compensation of 20 days' salary, nor the requirement of responsibilities, as designed in that standard, appear to meet the requirements of being sanctions measures, deterrents, compensators and preventive. The Spanish courts have the authority to convert these temporary contracts into fixed contracts automatically, which is considered an appropriate measure in the absence of equivalent measures in national law. The application of this measure is being opposed by doctrine and jurisprudence because it questions the application of the constitutional principles of access to public employment. The legislator must address the insecurity situation caused by his inaction and get to work to resolve it.