Vitoria-Gasteiz complies with the ruling that annulled 669 stabilization positions

The Vitoria-Gasteiz City Council has complied with and implemented the second phase of judgment number 218/2025, which annulled the exceptional stabilization call by competition for 669 positions of the 2022 public employment offer for failing to provide the legal reserve for people with disabilities. The Local Government Board approved the agreement in its ordinary session on September 18, 2026, and the text is published in the Official Gazette of the Historical Territory of Álava (BOTHA) number 112, dated September 30, 2026, with official reference 2026-02725. The measure incorporates 13 service assistant positions reserved for the intellectual disability quota, thereby completing full compliance with the ruling.

The judicial origin of the conflict

Judgment 218/2025, dated September 22, 2025, was issued by the Administrative Litigation Court number 1 of Vitoria-Gasteiz in the summary procedure 189/2023, filed by Eginaren Eginez, an association for people with physical disabilities in Álava. The ruling declared the nullity of the resolution of the Human Resources Department of the Vitoria-Gasteiz City Council dated November 30, 2022, which approved the exceptional call by competition for 669 positions of the public employment offer, solely to the extent that, regarding the positions whose selection system is by competition, the legal reserve for people with disabilities was not provided.

The temporary employment stabilization offer had been approved within the framework of Law 20/2021, of December 28, by agreement of the Local Government Board on July 29, 2022, published in BOTHA number 96, dated August 24, 2022.

First phase: 34 positions and partial compliance

The agreement of the Local Government Board on December 5, 2025, partially complied with the judgment: it modified the offer and the call and incorporated a first phase with 34 vacant positions reserved for the disability quota, ordering their call through a stabilization process by competition with rules identical to those of the challenged call. The same agreement anticipated a second phase, as 13 service assistant positions remained pending, which required modifying the staff list and the job position relationship.

Second phase: 13 service assistant positions

According to the report from the Organization Service dated September 7, 2026, the modifications have already been made to the 2026 budget staff list and the job position relationship, through agreements of the Government Board on May 15, 2026, and July 31, 2026. The agreement now published:

• Modifies the public employment stabilization offer approved on July 29, 2022, and the call for applications of November 30, 2022.
• Incorporates 13 vacant positions for service assistants, from the special administration scale, special services sub-scale.
• Reserves these positions for the intellectual disability quota, in response to the 2 percent vacancy reservation.
• Orders their call in a stabilization process through a separate and specific competition, with rules substantially identical to those of the appealed call.

The agreement invokes article 59 of the Revised Text of the Law of the Basic Statute of Public Employees and article 74 of the Basque Public Employment Law, as well as articles 103 and 105 of Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction, which oblige the parties to comply with judgments in the form and terms stated.

Deadlines and appeal process

The agreement exhausts the administrative route. A contentious-administrative appeal may be filed against it within two months before the Contentious-Administrative section of the Court of First Instance of Vitoria-Gasteiz, or, optionally, a motion for reconsideration before the same body within one month. The document was signed in Vitoria-Gasteiz on September 9, 2026, by the delegated councilor of the Department of Public Service, Jon Armentia Fructuoso.

The resolution closes a three-year litigation and directly affects the applicants of the 2022 employment offer: the 669 stabilization positions are definitively reorganized with a quota reserved for people with disabilities, who will now have a specific process for the 13 service assistant positions. In doing so, the City Council guarantees the right recognized in the judgment and avoids new phases of forced execution of the ruling.

Source: BOTHA, no. 112, September 30, 2026, II - Local Administration of the Historical Territory of Álava, pág. 1-2 (official reference: 2026-02725).