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EU Advocate General Rebukes Spain Over Interinos Abuse, Rejects Automatic Tenure for Temporary Staff

The non-binding opinion often guides the court’s ruling, increasing pressure for effective penalties.

Overview

  • Advocate General Rimvydas Norkus says Spanish law lacks effective measures and sanctions to deter abuse of long-term temporary public employment.
  • He aligns with Spain’s Supreme Court in rejecting automatic conversion of temporary workers to permanent posts, citing principles of equality, merit and capacity.
  • The opinion warns that invoking constitutional principles is insufficient without concrete government action to correct systemic abuse.
  • Roughly one million temporary public workers in Spain, including more than 62,000 in Euskadi, await the final EU court judgment that this opinion will heavily influence.
  • A definitive ruling is expected in the coming months, and Spain could face EU penalties if its practices are found incompatible with union law.