The High Court of Justice of the Basque Country has welcomed the annulment of a OPE of the Government of Gipuzkoa for requesting the Basque language

The High Court of Justice of the Basque Country(TSJPV) has confirmed the annulment of the agreement of the Government of Gipuzkoa to offer 100 administrative posts through the OPE by 2023, considering it disproportionate to demand the Basque language in all jobs. 

The High Court of Justice of the Basque Country has upheld a previous judgement handed down by the Administrative Court No. 1 of Donostia-San Sebastián on the basis of an appeal filed by one of those affected by this Public Offer.

In the judgement, the High Court of Justice has overturned the above-mentioned foral decision and the offer of 100 places (called 81 in the general free access shift, 9 in the free shift for persons with disabilities and 10 in the internal promotion shift).

Language profile

The resolution specifies that in 96 of these 100 jobs it was necessary to prove the linguistic profile 2, and in the remaining four, the profile 3. In both cases, the applicant was required to obtain the title and therefore the Basque language was required "in all the jobs offered". 

The text recalls that of the 340 administrative posts currently held in the Provincial Council of Gipuzkoa, only one has not expired the date of preceptivity, so the requirement of the Basque Country affects "more than 99% of the administrative posts" of the institution and "100% of those offered in the contested call".

"Well," the sentence adds, "the fact is that the Member of the European Parliament has not justified the fact that being able to speak in Basque in the 100 places called for is a prerequisite for guaranteeing citizens the right to interact with the administration in the language of their choice. "

"We must not forget," he goes on, "that this right must be in line with the fundamental right to equal access to public employment. "

"And the conduct of the Provincial Council of Gipuzkoa," he adds, " denies this right to more than halfof the inhabitants of that province ", although, according to the resolution," only 20-25% of communications with the administration are made in Basque ".

The High Court of Justice of the Basque Country has stressed that "a systematic interpretation of constitutional and statutory precepts considers it a merit to know a language belonging to the community to fill vacancies".

It clarifies, however, that the duty to know this language, as a means of guaranteeing the right of citizens to use it, belongs to the Autonomous Community as a whole; "it cannot be placed at the expense of each of the officials, when it also involves discrimination against more than half of the population".

Right of citizens

On this point, the letter states that "a balance must be sought between the right of citizens to interact with the administration in Basque and the right of Castilians to have access to public office", and that it is up to the administration to "seek the means to guarantee both rights". 

This decision is not final, since an appeal in cassation may still be lodged with the Administrative Chamber of the High Court of the Basque Country and/or the Supreme Court.