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Boletín Oficial de la Junta de Andalucía · 17 Aug 2026 · 10 vistas

TSJA ruling obliges the Junta to appoint a career civil servant.

Por FactBox Admin

The Administrative Litigation Chamber of the High Court of Justice of Andalusia (TSJA), based in Seville, has upheld the appeal of María Teresa Serrano García and has ordered the Andalusian Government to appoint her as a career civil servant. The appointment, arranged by resolution of 11 August 2026, is published in Official Gazette of the Andalusian Government (BOJA) No. 158, of 17 August 2026, with economic and administrative effects retroactive to 1 March 2024.

The resolution of the General Secretariat for Public Administration, attached to the Ministry of Artificial Intelligence, Digital Development and Public Administration, executes the judgment of 30 April 2026, declared final on 9 July 2026. The candidate had passed the open-access selection process for entry into the body of Administrative Assistants of the General Administration of the Andalusian Government (C2.1000), called by Resolution of 8 November 2019 (BOJA No. 220, of 14 November 2019), within the framework of the Public Employment Offer for the stabilization of temporary employment 2017/2019.

A dispute that annulled a previous appointment

The conflict began when Resolution of 4 April 2024 rendered void the proceedings relating to the candidate’s appointment, and her appeal for reconsideration was dismissed on 25 May 2024. The TSJA judgment annulled both resolutions for being contrary to the legal system and ordered the Administration to grant a new deadline to submit the request for posting and the documentation required in the ninth basis of the call, with all economic and administrative effects that may apply, also imposing legal costs on the Administration.

In the supplementary list of successful candidates, the Selection Committee assigned the interested party a total score of 93.800 points and order number 39. After the judgment became final, she was granted a period of twenty business days to provide the documentation, which was received on 6 August 2026.

Appointment and posting in Huelva

By the new resolution, María Teresa Serrano García (ID *1560) is appointed as career civil servant of the body of Administrative Assistants (C2.1000), through the open-access system, with assignment to the position with code 193520, which comes from the multi-code position 1607310, Administrative Support Staff, at the Territorial Delegation of Social Services, Families and Equality in Huelva.

  • Recognized score: 93,800 points; order number 39 on the supplementary list of successful candidates.
  • Deadline for taking office: one month from publication, after prior compliance with the Constitution, the Statute of Autonomy of Andalusia and the rest of the legal system.
  • Administrative and economic effects: from 1 March 2024, the first day of the period for taking office established by the Resolution of 15 February 2024 (BOJA No. 36, of 20 February 2024).
  • The Territorial Delegation must settle and pay the arrears, deducting the amounts received in incompatible activities from that date.

A precedent for stabilization

The resolution is issued under the auspices of Decree 203/2026, of 30 July, which confers on the General Secretariat for Public Administration the competence to order compliance with and publication of judicial decisions in matters of public employment, and of Article 30 of Decree 51/2025, of 24 February, on the appointment of career civil servants. The settlement of arrears complies with Article 23.4 of Law 8/2025, of 22 December, on the Budget of the Autonomous Community of Andalusia for 2026.

The case sets a precedent for applicants in the temporary employment stabilization processes 2017/2019 whose appointments were rendered void: the enforcement of the judgment restores the interested party’s status as a career civil servant with full effects from March 2024. The resolution, signed by the Secretary General Arturo Enrique Domínguez Fernández, also confirms that the Andalusian courts require the Administration to fully comply with rulings, including retroactive economic effects.


Source: Official Gazette of the Andalusian Government (BOJA), No. 158, of 17 August 2026, section 2.1 (Appointments, situations and incidents), pp. 11102/1-4 (official reference: 11102/1-4).