Prevention measures and sanction of the abuse of the temporality in local administration

Abstract

The article studies the problem of temporality in the local administration. It addresses the multiple solutions provided by the basic state legislator to prevent abuses in temporary labor relations. In this line, a very detailed internship (temporary civil servant) framework is established, which affects especially the temporary character of this institution and the impossibility of accessing the status of permanent civil servant without submitting to the corresponding selective procedures. Likewise, in case of abuse, the article explores the sanctioning measures that, following the guidelines provided by the CJEU’s case law, have been established by Law 20/2021, of December 28, on urgent measures for the reduction of temporary employment public.

Keywords:

temporary civil servant, temporality, nullity, liability, financial compensation, prevention, penalty accounting responsibility, criminal liability, disciplinary responsibility