El abuso de la contratación temporal en el ámbito del sector públicoSentencia del TJUE 11 de febrero de 2021 (asunto C-760/18)

Abstract

It is object of analysis the Judgment of the Court of Justice of the European Union of 11 February 2021, as it raises two important questions, namely: whether an automatic extension is subsumed under the concept of succession in the Directive; and secondly, how a constitutional change which, during the period of transposition of the abovementioned Directive, puts an end to one of the existing legislative measures to prevent abuse (in particular, the reclassification of temporary contracts as indefinite contracts) should be interpreted. After this, and after bringing up the Supreme Court’s ruling of 26 January 2021, we will reflect on whether the CJEU’s doctrine could entail any change in the Spanish legal system in relation to temporary workers or interim/statutory civil servants whose hiring and appointments, after exceeding the periods established by the applicable regulations, could be contrary to the law.