According to the agreed by the Board of Directors of the Association, on Tuesday, April 5, President of the Association, July Guiral, went yesterday to the Minister of Presidency, Eva Almunia, to say that, given the lack of response to our request for enforcement of the Supreme Court decision that overturned the Public Employment Offer 2007, will urge the High Court of Justice of Aragon run incident, for the fulfillment of the decision of the Supreme.
Courts are responsible for ensuring the enforcement of judgments, so that judicial review of the administration to be effective, thereby ensuring legal protection of the rights of citizens. Of little use to sentencing if they could be unenforceable by the Administration.
believe that the position maintained by the Department of the Presidency, despite the disposition to dialogue adopted by the Director General of Public Service, is indicative of his understanding of the principle of legality and the rule of law demands. Breaking the laws or enforce judgments is, quite simply, not respect the principle of separation of powers, ignoring the mandate of the law and unenforceable the verdict of the courts, "thus contravening both the principle of legality and rights - In this case, fundamental-citizens.
Given that attitude, we again addressed the courts to apply, now that the Public Employment Offer, 2007 annulled by the Supreme Court come to be replaced by a new offer that, referring to places that year, provides citizens with the vacancies filled by officials then interim order to be covered under the constitutional principles of equality, merit and ability.
is played, then the full text of the letter addressed to the Minister of Presidency:
"Hon. Minister of Presidency Ms.
Department Chair
Government of Aragón Zaragoza, April 6, 2011.
Dear Madam:
On 8 February, I addressed a letter in which he moved the Supreme Court decision, which annulled the decree 67/2007 of 8 May, the Government of Aragon, which approved the Public Employment Offer for 2007, considering that the decree by not including all the vacancies filled by temporary staff, as required by the Basic Statute for Civil Servants and the Law on Civil Service Community Aragon, "violated the right of access to public role by Article 23.2 of the English Constitution.
In that letter, identified the positions, according to the evidence taken during the trial, were occupied by temporary staff and casual or temporary workers, were excluded in the offer approved.
also indicated that implementing the ruling of the Supreme Court, once the mandatory inclusion in the Offer to Public Employment vacancies filled by temporary, would require the Government of Aragon, the timing in the Act Administrative Courts, adopt a new Act on Public Offer of Employment 2007, according to interim data existing at that date, offering to all citizens of the 2,411 seats that were improperly omitted at the time, thereby restoring full enforcement of the fundamental right of access to public recognized in Article 23.2 of the English Constitution.
Since it has to be understood after this date for voluntary execution of the sentence by the Administration, having been convicted two months now passed out in the Law of the Jurisdiction of Administrative Disputes for it ", although this association has received any response to your letter of February 8 and is satisfied in any proceedings relating to such implementation, we communicated our decision to call Superior Court of Justice of Aragon the appropriate motion for execution, to ensure that the Tribunal for enforcing judgments.
regret that your department is unable to show not only respect the laws in the process approval of the Public Employment Offer, thereby ensuring the exercise of fundamental rights of citizens, but also to implement judicial decisions aimed at restoring law violated, thereby enervate the desired efficiency of the judicial review of administrative action established in Article 106 of the English Constitution.
Sincerely,
July Guiral Pelegrín.Presidente of the Association for Civil Defense Aragonesa "
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