The reversion processes of contracts and public services, to be debated in a congress in the Faculty of Law


The University will host the ‘International Congress on reversion of public contracts in light of the law of public sector contracts’ the next December 13 and 14. Directed by Luis Enrique Nores and Adrián Todolí, professors of the Faculty of Law, the event will debate on current issues such as the figure of the staff ‘to be extinct’ or the regulatory gap caused by the new contracting regulations in the public sector of 2017 and the Law of General Budgets of the year 2017.

Fifteen specialists from various areas of knowledge, as well as representatives of the administration, social actors and the judiciary, will analyse the situation facing the Council of the Valencian Government with the reversal of previously privatised public services.

Last September became known, through the Draft of the Law of Accompaniment of the Budgets of the Valencian Government for the year 2019, that the figure of the personnel ‘to be extinct’ was tried to be applied to the personnel coming from contracts and public concessions. As advocated by the Valencian Government Legal Council, jobs that are in this situation cannot take part in public competitions, which would mean that these employees would maintain their place until retirement without having to face a selective process.

The figure of the staff ‘to be extinct’ has already been used in the case of the reversion of the Hospital de la Ribera, shortly afterwards, and as a result of the reports of the Valencian Government Legal Council and the Legal Advisory Council, it seems that the formula will be rethought. The integration option depends on more than 7,500 workers belonging to the companies that currently provide the service.

According to Todolí, this solution was born as a result of the normative vacuum existing in the state legislation to solve the difficulties of fit between the principles that have to rule in the selection processes of access to public employment and the consequences of the application of the labour institution of the company succession, through which a Community Directive is transposed. In addition, the latest State laws on this matter – 2017 Public Sector Contract Law and, more specifically, the current General Budget Law – served to introduce more uncertainty to the extent that the possibility of integrating staff as “ongoing” but “non-permanent” that, although it was not a satisfactory formula, was the one that had been applied in practice.

The congress will be divided into 8 conferences and a round table and will be attended by the teachers of Administrative Law María Isabel Gallego Corcoles and Diana Santiago Iglesias – Universities of Castilla La Mancha and Santiago de Compostela, respectively –; of the teachers of Labour and Social Security Law Luis Enrique Nores Torres, Adrián Todolí Signes, Carlos Luis Alfonso Mellado, José María Goerlich Peset – University of Valencia –, Ana de la Puebla Pinilla and María de Sande Pérez-Bedmar (Autonomous University of Madrid). Likewise, there will be the intervention of Angel Luis Blasco Pellicer – Magistrate of the Social Chamber of the Supreme Court – and Vincenzo Ferrante – professor of the University of Milan –.


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