Biurrun sees “further” the possibility of making interim workers permanent after the CJEU ruling

The President of the Social Chamber of the Supreme Court of the Basque Country (TSJPV), Garbine Biurrunis of the opinion that following the CJEU’s ruling on the interims, there is the possibility of conversion from permanent to interim this “further away”.

In an interview for the program “Boulevard” on Radio Euskadi, the UPV/EHU professor also made several clarifications about what the European Supreme Court ruling “says and doesn’t say”, despite the headlines and misinterpretations from the press. As explained, the CJEU ensures that “the declaration of permanent employment may be an appropriate way” to resolve the situation of staff declared non-permanent for an indefinite period, so that this would be only one of the options, and not the only one.

Moreover, according to Biurrun, the statement ‘points out more in the line of denying, in the future, the possibilities to explain immutabilitybecause he adds a sentence that he had not said until now: This declaration of immutability will be made as long as it does not conflict with the interpretation of national or state law.I”.

In this sentence, the judge recalled that Spanish law is against declaring these workers permanent, so it seems that the CJEU “accepts” this. He also hinted that the Supreme Court has sent two preliminary questions on this issue to the Luxembourg court and that both have yet to be answered. ‘I believe that the CJEU anticipates the response it will give; I believe the statement is too a certain jug of cold water“, added.

Asked when the European Court could resolve these issues, Biurrun indicated the end of the year if it is dealt with through emergency means, and another year if it is done through ordinary means.