The High Court of Justice of the Basque Country (TSJPV) has suspended two stabilization processes for requesting the Basque level C2
In particular, the Court has overturned two decisions of the IVAP for the positions of Municipal Secretary and Comptroller. The Basque Government is considering a ruling to decide whether to lodge an appeal in cassation.
Bilbao Palace of Justice, seat of the High Court of Justice of the Basque Country, in a stock image.
The High Court of Justice of the Basque Country (TSJPV) has annulled the decisions of the IVAP (Basque Institute of Public Administration) in two stabilization processes as municipal secretary and comptroller. In these OPEs, the C2 level of Euskera was requested, and according to the Court the requirement violates the principle of proportionality.
The news has been published by the Gipuzkoa News Journal, according to which two people who submitted to job offers went to court on the grounds that the Euskera requirement was excessive.
The Department of Governance, Digital Administration and Self-Government of the Basque Government has confirmed to EFE that they learned of the ruling yesterday, which is being studied to determine whether they are filing an appeal in cassation with the Supreme Court.
Principle of proportionality
According to the judgement, "under no circumstances may a level C2 be required against the nature of the functions of the post." In this case, the judges argue, "these places have nothing to do with the jobs that must relate to the citizens and the right to be served in Basque." Thus, according to the judgement, the resolutions of the IVAP "violate the principle of proportionality and the spirit of the law on urgent measures to reduce temporary employment in public employment."
This is the umpteenth judgment suspended for asking the Euskera to act in the public sector.
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