Regardless of the measures to be taken by the Association in respect to judicial review Offer Public Employment for 2011, recently approved by the Government of Aragon, it is necessary to seek the Presidency in charge of Department, Eva Almunia, specific information on the volume of seats occupied by agency staff, given its mandatory inclusion in annual supply of public employment.
may not citizens lack basic information to monitor respect for fundamental rights. As the electoral roll is made for the general public, facilitating their timely correction and a guarantee of the right to vote, citizens should also be aware of the situation of places vacancies in the public administration to exercise their right of access to public well-recognized in Article 23 of the Constitution as the right to vote, and control in public job offers guarantees the fundamental right recognized in the terms established by law.
Since laws impose the obligation to include in the annual supply all the vacancies filled by temporary staff, citizens should know the number and type of positions held by themselves, to make sure are included in the offer approved annual public employment, thereby respecting the fundamental right of access. The Government de Aragón, however, not only does not release such information, so that it is available to interested citizens, "but that even makes it easier for civil unions in collective bargaining bodies in analyzing the public job.
The fact that this association has not received a response to a similar request made last year the then Minister for Presidency, Javier Velasco, not a reason for not reiterating the request to the actual director, Eva Almunia, in order to compare this information to supply data passed last April 5.
The question is, at the moment, a particular relevance, since the Supreme Court's recent ruling, a little over two months, reversed the Public Employment Offer, 2007, not including the posts occupied by temporary staff, we think that it violates the right access to essential public service. The new offer of 2011 seems to ignore the ruling of the Supreme Court, which does not make any reference-backsliding into the old criteria overruled by the High Court, but in this case can claim good faith or legitimate exercise of the power of self-organization, because it knowingly disregards the criteria established by the Supreme Court, in breach of fundamental rights of citizens. Precisely the opposite of what conduct should follow a public institution.
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 25, 2011.
Dear Madam:
The Government of Aragon, at its meeting on April 5, carried out the approval of the Public Employment Offer 2011, including in the same posts for Groups, Bodies and Body Scales General, non-university teaching staff and service staff Aragones of Health as well as jobs for entities under public law of the Autonomous Community of Aragon.
We express, first of all, our surprise at the fact that the Government proceed with the approval of the Offer without the slightest reference to the recent Supreme Court decision that overturned the Public Employment Offer 2007, for violating article 23.2 of the English Constitution does not include all the vacancies filled by agency staff.
not know, despite the time elapsed, the will of the Department regarding the implementation of the aforementioned Supreme Court decision, despite of the writings that we have managed from the Association urging such execution, and find that the offer approved for 2011 omitted any mention of that decision and the criterion set to it by the Supreme Court, which allows, in view of the small number of posts included in it, that the Government of Aragon repeats the application of the criteria expressly overruled by the Supreme Court, a fact that we understand particularly serious as it is a willful denial of the right of access to the public that the Constitution recognizes citizens.
think it is up to the Government of Aragon, and particularly to the Department, to be the holder of the responsibility for public functions, ensure the implementation of the Supreme Court decision and, thus, ensuring respect for the Civil Service Basic Statute and the Law on Civil Service of the Autonomous Community Aragon, with respect to the inclusion in the Job of those places needed to meet the performance of public services, among which should figure those occupied by temporary staff.
the view that the exercise of fundamental rights of citizens, a category that corresponds to public employment, should enjoy the maximum transparency by public authorities, one of whose main raison d'être is its warranty, we request, under Article 29 of the English Constitution, which provide to the Association or made public on the website of the Department's information the current numbers of temporary registered in each of the scales or specialty classes and officials in each of the professional categories of workforce, because without that information it is impossible for citizens to judge the degree of respect for their right of access to public employment.
Thank you for your attention in advance, Yours faithfully. Guiral Pelegrín
July. President of the Association for Civil Defense Aragonesa "
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