A free designation position for Continuous Supervision annulled by court order

The Regional Ministry of Economy and Finance of the Junta de Castilla y León has voided the public call for the position of Head of the Continuous Supervision Service (RPT code 770980) of the General Comptroller’s Office, which was intended to be filled via free appointment. The decision was made after upholding the appeal for reversal filed by the General Confederation of Labour (CGT) and is published in the Official Gazette of Castilla y León (BOCYL) no. 202, of October 19, 2026, via Order EYH/1068/2026, of October 14 (reference BOCYL-D-19102026-202-10).

The origin of the conflict lies in Agreement 77/2024, of August 1, of the Junta de Castilla y León, which approved the modification of the List of Job Positions for civil servant personnel of the Regional Ministry of Economy and Finance (BOCYL no. 154, of August 8, 2024). This modification included, among others, position number 770980 (Head of Service), for which the assigned method of provision was free appointment.

Against that agreement, the CGT in the Administration of the Community of Castilla y León filed a contentious-administrative appeal, processed as Ordinary Procedure no. 1045/2024 before the Contentious-Administrative Chamber of the High Court of Justice of Castilla y León. Judgment no. 263/2026, of March 9, 2026, partially upheld the appeal and annulled “due to its non-compliance with the law, the method of provision by free appointment” regarding several positions, including 770980.

A call published despite the ruling

Despite this ruling, the Ministry published Order EYH/918/2026, of September 15, announcing a public call to fill the position of Head of the Continuous Supervision Service, attached to the General Comptroller’s Office, via free appointment (BOCYL no. 183, of September 21, 2026).

On September 29, 2026, the CGT filed an appeal for reversal against that order and requested its annulment and the publication of the decision in the official gazette. The Ministry acknowledges that the judgment has not formally become final, as the CGT prepared a cassation appeal, admitted via Order of September 29, 2026, but maintains that its reasoning is “materially final” regarding the method of provision for the positions listed in the ruling.

The criteria of the Legal Services

During the processing of the appeal, the criteria of the Legal Services of the Administration of the Community of Castilla y León regarding Judgment No. 263/2026 were made evident. The regional Administration did not challenge it via cassation before the Supreme Court, which reinforces—according to the order—the consideration that the grounds of the judicial resolution constitute the legal criterion that the regional Administration must observe.

The regional minister is competent to resolve in accordance with articles 123 and 124 of Law 39/2015, of October 1, on Common Administrative Procedure, and article 61.2 of Law 3/2001, of July 3, on the Government and Administration of the Community. The resolution grants the appeal and nullifies the call for the aforementioned position.

Effects of the resolution and means of appeal

• The call for position 770980 (Head of Continuous Supervision Service) published on September 21, 2026, is nullified.
• The position belongs to the General Comptroller’s Office and is assigned to the Ministry of Economy and Finance.
• The resolution exhausts the administrative route.
• A contentious-administrative appeal may be filed before the contentious-administrative section of the Court of First Instance of Valladolid or of the interested party’s domicile, within two months from the day following notification.
• It must be published in the BOCYL and notified to the appellant.
• The order is signed in Valladolid on October 14, 2026, by the minister Carlos Fernández Carriedo.

The decision directly affects the civil servants who aspired to the position and establishes a relevant criterion on the filling of high-level positions: the regional Administration assumes that free appointment cannot be maintained in the positions indicated by the court as long as the ruling remains in effect in its grounds, even if it is not formally final. The precedent conditions future calls for service head positions in the Ministry and reinforces the union position on provision systems.

Source: Official Gazette of Castilla y León, no. 202, October 19, 2026, section I.B.2 Competitive Examinations and Contests, pp. 55-57 (official reference: BOCYL-D-19102026-202-10).