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Response of We are Syndicalists to the Councilor of Personnel on Expiry EPOs 2015 and 2016 Ayto Murcia (11/01/2020)

"ANSWER TO THE COUNCIL OF PERSONNEL IN RELATION TO THE EXPIRATION OF THE OPES 2015 AND 2016 OF THE CITY COUNCIL OF MURCIA"

https://www.murcia.com/noticias/2020/01/10-fernandez-no-se-ha-producido-la-caducidad-de-las-ofertas-de-empleo-publico-2015-y-2016- of the town hall of murcia.asp

From the Executive Committee of We Are Trade Unionists in the City of Murcia, of course we value public employment, and criticize the excessive privatization of services that exists the City of Murcia that has led us to numerous scandals of political patronage.

The essential, non-extendable and invalidating term of the three years starts counting from the publication of the SPO, so I recommend reading the resolution of the ombudsman,

https://www.defensordelpueblo.es/resoluciones/plazo-para-la-ejecucion-de-la-oferta-de-empleo-publico/

In which the following content is expressed "it implies or establishes an obligation on the part of the Public Administrations to execute their Public Employment Offers, this execution, and not only its call, must necessarily be carried out within a maximum period of three years since its approval and publication, but it cannot be executed after this period has elapsed, as this would determine its contradiction to law and its subsequent annulment. "

The doctrine reiterated by the courts that the execution referred to in article 70.1 refers not only to the summons but also to the culmination of them, the consequences that may arise from this misinterpretation of the councilor responsible for City Hall staff of Murcia, entail situations of legal insecurity.

It is clear that a Supreme Court Jurisprudence has been created in the interpretation of this EBEP precept that must be followed, where the obligation to EXECUTE the EPO is included in this time margin of the three years.

That does not mean to convene and that's it, that is not to execute the offer, without any time limit, as the City of Murcia has done, without exam dates or courts, three years after its EPO is published, the convocation arguing that with This had already executed the Offer and therefore, had not expired, because the year after calling, that is, four years after the offer was published, some selective processes begin that many of them will be extended to more than five years because according to the Councilor of Pedanías y Barrios, responsible for the Personnel Service, the EPO of 2015 is not expired because it has been convened and with this idea we want to prolong the execution of an offer that has already expired and those that follow it as the case of the EPO of 2016.

Inform yourself, Mr. Councilor, as you did in the Autonomous City of Ceuta, ruling your 2016 EPO expired, when in the City of Murcia we are running a 2015 EPO, of which the exam dates of most of the processes

https://elpueblodeceuta.es/art/40069/la-oferta-de-empleo-publico-de-2016-se-pierde-por-caducidad-al-transcurrir-tres-anos

The execution of the EPO means the termination of the selective processes, not their summons.

This interpretation of art 70.1 of the EBEP is at least erroneous, because the consequences could be disastrous for the citizen and the City of Murcia.

And we remember that the first of the Trials in which the cancellation due to expiration of the EPO 2015 of the City of Murcia is requested, is indicated for the month of February 2020.

Source: Somos Sindicalistas

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