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Spain / Supreme Court / 627/2017

A candidate to the Civil Guard against appeal against the Decision of the High Court of Justice of Madrid 375

Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Court of Spain
Decision date:

Key facts of the case: 

This judgement is an appeal against the Decision of the High Court of Justice of Madrid 375, of 10 April 2015, on the open-call decision for public employment within the Civil Guard – called by Resolution 160/38043/2014 of the Assistant Secretary of Defence- by virtue of which anyone older than 30 years old was enable to participate. According this Resolution of the Assistant Secretary of Defence, the Spanish Civil Guard, together with the Spanish National Police and the Armed Forces use this requirement to ensure the most efficient public service of security. Nevertheless, the appellant's view is that this decision is unlawful. In particular, the relevant legal norms are the Spanish Constitution (Articles 14 and 23 (2)), the European Charter of Fundamental Rights (Article 21 (1)), the Public Employee Basic Statute (Article 56 (1) c)), Law 62/2003, of 30 December, on fiscal, administrative and social measures (Article 34 (2)), and Law 42/1999, of 25 November, on Spanish Civil Guard Staff Regulations.

Outcome of the case: 

The Court did not accept the appeal against Decision 375 of High Court of Justice of Madrid, of 10 April 2015, on the open call decision for public employment in the Spanish Civil Guard because, according to EU Law, it is possible to establish a difference in treatment if there is a justifiable reason. And for this time, there is enough case law to uphold such requisite to enter into the Civil Guard. This is also the case because the High Court of the Basque Country submitted a preliminary question (C-258/13) to the Court of Justice of the EU about the said requisite to enter into the regional Police of the Basque Country.