FactBox.

Boletín Oficial del País Vasco · 09 Nov 2026 · 32 vistas

The final award of teacher relocations challenged in a new abbreviated procedure

Por FactBox Admin

Irakasleen lekualdatzeen behin betiko adjudikazioa inpugnatuta prozedura abrebiatu berrian

The Department of Education has notified the interested party that abbreviated procedure 384/2026 is open in the 1st court of the Administrative Litigation Chamber of the Court of First Instance of Vitoria-Gasteiz, against the final adjudication of the teachers’ transfer competition. The summons was published in the BOPV issue number 214 on November 9, 2026, with official reference 2026/4735. Interested parties have a period of nine days to appear in court, counting from the day following the publication of the announcement.

The origin of the litigation is the Order of May 19, 2026, from the Department of Education, which approved the final adjudication of the teachers’ transfer competition; the order was published in the BOPV on June 3, 2026. The challenged process is within the scope of the autonomous community and concerns the bodies of civil servant teachers. The announcement does not specify the identity of the appellant, nor the grounds for the challenge.

Main data of the summons

The announcement was signed by Martín Gartziandia Gartziandia, Director of Legal Regime and Services, in Vitoria-Gasteiz on November 2, 2026, and it includes the basic references of the process:

  • Procedure: 384/2026, abbreviated procedure.
  • Court: Court of First Instance of Vitoria-Gasteiz, Administrative Litigation Chamber, 1st court.
  • Challenged Order: May 19, 2026, from the Department of Education; published in the BOPV on June 3, 2026.
  • Period: nine days, starting from the day following the publication of the announcement.
  • Administrative action: sending of the litigation file to the court.

Which teacher groups are affected

The challenged adjudication affects the transfer competition of the civil servant teacher bodies of the autonomous community. The reference order mentions the following bodies:

  • Professors (Katedradunak).
  • Secondary Education teachers.
  • Official Language School teachers.
  • Music and Performing Arts teachers.
  • Plastic Arts and Design teachers.
  • Vocational Training technical teachers, in the process of phasing out.
  • Specialist teachers of singular sectors of Vocational Training.

Regarding these groups, the destinations assigned as a result of the adjudication are the core of the dispute. The transfers directly condition the distribution of teaching posts, school staffing, and changes in teachers’ places of residence.

The same order, May 19, 2026, was already challenged in another procedure: ordinary procedure 362/2026, in the same 1st court of the Administrative Litigation Chamber. This was published in the BOPV on October 13, 2026, through an announcement by the new director.

The two paths are not the same: one is an ordinary procedure and the other, 384/2026, is an abbreviated procedure. Since both are open, the final adjudication of teachers’ transfers is now subject to two parallel legal processes, which increases uncertainty regarding the stability of the destinations.

The announcements cite Article 151 and the fourth final provision of Law 36/2011, of October 10, regulating the Labor Jurisdiction, linked with Article 49.1 of Law 29/1998, of July 13, regulating the Jurisdiction of Contentious-Administrative proceedings.

The call states that the period is nine days and is counted from the day following the publication of the announcement. However, the text refers to publication in the Boletín Oficial del Estado, even though the announcement was published in the BOPV. The place of appearance is the Contentious-Administrative Section of the Court of First Instance of Vitoria-Gasteiz, 1st position. The announcement does not include any detail regarding the execution of the adjudication.

In context, the BOPV published the Order of October 8, 2026, of the Department of Education on November 4, 2026, which calls for another transfer competition, in this case for the Inspection bodies, and there is also a reference to a call prior to December 17, 2026.

Why it is important

For many teachers, the adjudication of the transfer competition is the most important decision of the year: it fixes their destinations, and a judicial challenge opens the possibility of changing the result. Currently, the court has not issued a decision; the notifications, however, allow interested parties to enter the procedure and defend their interests. As for the Department of Education, the adjudications remain in effect, but two parallel procedures suggest a long legal battle, which could have an impact on upcoming transfer campaigns or the planning of school staffing.


Source: Official Gazette of the Basque Country, number 214, November 9, 2026, Announcements – Other official announcements (official reference: 2026/4735).