Rus annuls an Administrative position following a Supreme Court ruling

The Rus City Council (Jaén) has annulled the rules and the call for selective tests to fill one C1 Administrative position from the 2023 Public Employment Offer, a process that had already been announced in the Official State Gazette. The decision was adopted by Mayoral Resolution number 2026-0618, dated September 18, 2026, and published in the Official Gazette of the Province of Jaén number 184, dated September 22, 2026, under official reference 2026/4406. The agreement is based on Judgment number 1026/2023 of the Supreme Court.

The affected position is for career civil servant personnel, category C1, and its filling had been planned through a competitive examination system (concurso-oposición). The annulment comes just three weeks after the council itself approved the rules and the call, rendering void a selection procedure that was in the application gathering phase.

A call already published in the BOE

The file begins with the approval of the Public Employment Offer of the Rus City Council for the 2023 fiscal year, agreed upon by Mayoral Resolution of September 19, 2023, and published in the Official Gazette of the Province number 186, dated September 22, 2023. It included one C1 Administrative position via competitive examination.

To fill it on a permanent basis, Mayoral Resolution number 2026-0594, dated August 28, 2026, approved the rules and the call. The announcement was published in two gazettes:

• Official Gazette of the Province of Jaén number 169, dated September 1, 2026, page 13200.
• Official State Gazette number 227, dated September 14, 2026.

The deadline for submitting applications was 20 business days starting from the day following the publication in the Official State Gazette, a deadline that is now extinguished due to the annulment.

The judicial origin: judgment 1026/2023

The municipal agreement was adopted after confirming the existence of Judgment number 1026/2023, dated July 18, 2023, issued in cassation appeal number 4284/2021 by the fourth section of the Contentious-Administrative Chamber of the Supreme Court. This judicial resolution is the basis invoked by the mayor to void the selection process.

The resolution is issued in the exercise of the powers that local government legislation attributes to the Mayor’s Office, specifically Article 21 of Law 7/1985, of April 2, regulating the Bases of the Local Regime.

Refund of fees and means of appeal

The municipal agreement contains three pronouncements:

• Annul and void the call and the rules for filling the Administrative C1 position through a competitive examination process.
• Agree to the refund of examination fees to the applicants who had paid them.
• Publish the resolution in the Official Gazette of the Province of Jaén, on the electronic office of the Rus City Council, and in the Official State Gazette.

The resolution exhausts the administrative route, in accordance with Article 52 of Law 7/1985. An optional appeal for reversal may be filed before the Mayor’s Office within one month, or a contentious-administrative appeal may be filed within two months before the Contentious-Administrative Court of Jaén, as provided for in Article 123 of Law 39/2015 and in Article 8 of Law 29/1998, regulating the Contentious-Administrative Jurisdiction.

The edict is signed by the mayor-president, Rocío Beltrán Valcárcel, in Rus, on September 18, 2026.

The impact of the decision is twofold for the candidates: those who had already submitted their application find the process closed without selective tests, while the council assumes the refund of the fees collected. Furthermore, the case illustrates how a ruling from the Supreme Court can subsequently invalidate a public employment call already disseminated in the official gazettes, forcing the city council to restart the procedure if it wishes to fill the position.

Source: Official Gazette of the Province of Jaén, number 184, of September 22, 2026, Local Administration, pp. 14076-14077 (official reference: 2026/4406).