The jurisdiction of the labour courts in relation to public servants
A reflection of Constitutional Amendment No. 45 on the procedural disputes of Statutory Public Servants
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The reform of the Judiciary, precisely with Constitutional Amendment 45, gave greater prominence to the Labour Courts. In effect, the Labour Court was given jurisdiction to judge labour relations in general, unlike the classic model, including at that time the legal-administrative relationship linking statutory civil servants and the Public Administration. It is undeniable that the relationship between the civil servant and the Public Administration is an employment relationship in the broad sense, albeit of a different legal nature to the contractual labour relationship. This fact alone does ...
The reform of the Judiciary, precisely with Constitutional Amendment 45, gave greater prominence to the Labour Courts. In effect, the Labour Court was given jurisdiction to judge labour relations in general, unlike the classic model, including at that time the legal-administrative relationship linking statutory civil servants and the Public Administration. It is undeniable that the relationship between the civil servant and the Public Administration is an employment relationship in the broad sense, albeit of a different legal nature to the contractual labour relationship. This fact alone does not merit the mantle of specialised jurisdiction, and by admitting such a rupture we are admitting a real political step backwards in the Judiciary more than ten years ago in terms of the specialisation of Courts. An analysis will be made of the injunction issued when ADIn 3395 was filed, which suspended the interpretation of the inclusion of civil servants in the jurisdiction of the Labour Court and ended up contradicting the will of the legislator, who clearly intended to include them in order to speed up and give the necessary attention to disputes between them and the Administration.
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