Appeal granted for person excluded from the Job Guidance talent pool

The Regional Ministry of Presidency, Demographic Challenge, Equality, and Tourism has upheld the administrative appeal filed by a candidate excluded from the job bank of the Labor Guidance Corps and orders the proceedings to be reversed so that their professional experience may be assessed. The resolution, signed in Oviedo on September 4, 2026, by the Regional Minister Gimena Llamedo González, is published in the Official Gazette of the Principality of Asturias (BOPA) no. 189, of September 30, 2026, under the official reference Code 2026-07732.

The job bank for interim civil servants of the Labor Guidance Corps stems from an extraordinary procedure convened by the Resolution of March 5, 2026, of the Regional Ministry of Presidency, Demographic Challenge, Equality, and Tourism (BOPA of 11/03/2026). The result was approved by the Resolution of July 29, 2026, of the Director General of Public Employment (BOPA of 5/08/2026). The administrative appeal was filed on August 10, 2026, and the Assessment Commission of the job bank issued its report on September 2, 2026.

The authority to resolve this matter corresponds to the head of the Regional Ministry as the hierarchical superior of the Director General of Public Employment, in accordance with Article 121 of Law 39/2015, of October 1, and Article 27 of Law 2/1995, of March 13, on the Legal Regime of the Administration of the Principality of Asturias.

The reason for exclusion

The fourth basis of the call requires that professional experience be accredited through certifications of services rendered issued by the competent body regarding personnel of the corresponding Public Administration or Public Body, and warns that, if not accredited in this manner, the claimed merit cannot be assessed.

According to the report of the Assessment Commission, the appellant submitted their application on March 24, 2026, accompanied by proof of having requested, on March 17, 2026, a certificate of services rendered from the Personnel Section of the Public Employment Service of the Principality of Asturias, but did not provide the document within the application submission period. Nor did they submit allegations within the five business days provided against the provisional assessment.

The extraordinary procedure was characterized by the urgency of the deadlines:

• 10 days for the submission of the application.
• 5 days for allegations to the provisional assessment.

The legal argument: Article 28.2 of the LPAC

The appellant invoked Article 28.2 of Law 39/2015 (LPAC), which recognizes the right of interested parties not to provide documents that are already in the possession of the acting Administration. The resolution recalls that jurisprudence allows the application of this provision to selection processes, citing judgments from the Contentious-Administrative Chamber of the Supreme Court dated 12/17/2013 (rec. 1845/2012), 05/12/2014 (rec. 2048/2013), and 02/08/2016 (rec. 4202/2014).

The text emphasizes that the appellant’s experience data as a job counselor was in the possession of the very body in charge of the assessment, the Public Employment Service (Sepepa), and that the submission of the application is considered a self-assessment of merits, meaning the merit had been alleged. It adds that there was no deliberate resistance to complying with the rules and that Article 23.2 of the Constitution mandates the most favorable interpretation regarding access to public employment, avoiding disproportionate exclusions.

What the resolution orders

The ruling of the resolution of September 4, 2026, establishes:

• To uphold the administrative appeal of F. F. C. (DNI *1286) against the Resolution of July 29, 2026, of the Director General of Public Employment.
• To order the reversal of proceedings so that the appellant’s professional experience may be assessed.
• To notify the resolution to the interested party and to the Assessment Commission of the job bank for the Corps of Job Counselors.

This act concludes the administrative route, and a contentious-administrative appeal may be filed against it before the Contentious-Administrative Court within two months from the day following its notification. The appellant had requested inclusion in zone 6.

A job bank with several upheld appeals

The same job bank has generated other favorable resolutions. In BOPA no. 189 of September 30, 2026, the Resolution of September 16, 2026 (Code 2026-07738) is also published, which partially upholds the appeal of Ms. O. C. A. (DNI *2609): it recognizes the entirety of her services at the City Council of Las Regueras, dismisses those provided at the City Council of Avilés, and assigns her a total score of 15.50 points.

The breakdown is as follows:

• Academic training: 5.00 points.
• Experience in public administration: 10.50 points.
• Experience in entities that develop programs funded by the public administration: 0.00 points.

In BOPA no. 188, of September 29, 2026, resolutions of September 16, 2026, were also published regarding the appeals of Ms. MAGG (DNI *3337) and Ms. B. N. M. (DNI *9442), relating to the assessment of their experience in public administrations and at the Fundación Mujeres.

The decision has a direct effect on the calling order of the interim pool for the Labor Guidance Corps, as the ordered retroactivity may modify the appellant’s score and position on the list. Furthermore, the established criterion reinforces the doctrine that the rules of selection processes must be interpreted with proportionality when the alleged merit is already in the possession of the Administration itself.

Source: Official Gazette of the Principality of Asturias (BOPA), no. 189, of September 30, 2026, section I. Principality of Asturias, page 1 (official reference: Code 2026-07732).