The supreme court has ratified that the decision of the Junta de Andalucía to grant a double score a health services provided during the Covid-19 pandemic in the Public Job Offers (OPE) conforms to the law. A ruling by the Supreme Court has overturned the appeal filed by the Andalusian Union of Civil Servants (SAF), which had tried to challenge the scales, considering that they violated the right of equal access to public service for all health workers.
The Contentious Chamber has dismissed the appeal filed by the union organization, although it has clarified that the particular use of this different system of evaluation of the merits can only be applied in emergency situations to face a health crisis that requires guarantees for the provision of the health service, but not in calls for the use of employment. “It does not produce effects for the future”reads the sentence to which he has had access Medical Writing.
The judicial resolution refers to the emergency call that Andalusia launched in April 2020 to activate a personnel selection procedure as a consequence of the coronavirus crisis. In the ninth base of the text, it was noted that due to the “exceptional circumstances” of the health situation, the services provided each month would be valued twice between the declaration of the state of alarm and the end of the emergency.
The Andalusian Union of Officials (SAF) had denounced that this change of criteria violated articles 14, 23.2 and 103 of the Constitution. In his opinion, the performance of functions in the same job position cannot be valued differently, just for having provided the service at a certain moment in time. “It can serve as an alibi for the unequal treatment of some officials with respect to others”, the organization had used in its appeal.
For its part, the Junta de Andalucía had defended that this new valuation formula had been put in place for a very specific context, but that it cannot be applied to generally cover interim positions after the pandemic. “It is an exceptional means to resolve an exceptional situation”, had exposed the defense of the Ministry of Health.
The call does not violate the Framework Statute
Finally, the Supreme Court has aligned itself with the criteria of the Public Prosecutor’s Office and has agreed with the regional government. The judges have considered that the call has not violated the conditions of equality, merit, capacity, competence, publicity and speed that are recognized in the Framework Statute for the selection of temporary personnel. “These principles are not injured, nor are they incompatible with the establishment of an emergency procedure in the case of a pandemic, awarding a higher score to those who have already provided services in said situation”, they concluded.
The room presided over by the judge Pablo Lucas Murillo has justified that the double valuation of doctors during the pandemic represents a “stimulus” to do your job in a “conditions as adverse” as those caused by Covid-19. “They have been carrying out their care role in difficult circumstances, which have provided an undeniable care experience to carry out intense work, carried out under pressure, which cannot be neglected”, they have stated.
The judges have taken into account the “intensity, industriousness, hardship, pressure and complexity” derived from the provision of health services during the coronavirus crisis. Some singularities that support a “mechanical calculation of the time borrowed to distinguish or qualify the extraordinary situations” that doctors have starred in.
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