Coplefc wins a new case against the local Administration in defense of the profession

Admin

(20-5-2022). The Superior Court of Justice of Catalonia has agreed with the Official Association of Graduates in Physical Education and Sports of Catalonia, Coplefc, in a ruling that contributes to adding jurisprudence in favor of the defense of physical activity and sports professionals.

The Coplefc has obtained a new victory in the courts in defense of the profession before the local administration, with which it adds a greater jurisprudence in key to the future.

Specifically, it is a dispute that began in October 2017, when the local government board of the Collbató City Council, in Barcelona, ​​published a job announcement for the position of ‘sports and youth technician’, in which As a requirement, it was required “to be in possession of a bachelor’s degree or university degree in the branch of arts and humanities or social sciences, or in a position to obtain it on the date that the deadline for submitting the applications ends.”

A requirement that then led the Coplefc legal services to present a first administrative appeal, which was dismissed. After him, a new administrative appeal was filed, which the Association lost in the first instance. Reason that led him to file an appeal before the Superior Court of Justice of Catalonia, TSJC, accepted on May 2, 2022, resulting in the revocation of the previous judicial resolution.

Thanks to the support of the TSJC, the appeal presented by the Coplefc is upheld, decreeing “the nullity of base 3, section C, of ​​the bases approved by the Governing Board of the Collbató City Council, of the call for coverage, through competitive examination, for a sports and youth technician position”. An action that gives the reason to the Professional Association in its argument that “it improperly offers a job in relation to sports professions, since it should require as a qualification to be admitted, to be in possession of the graduate degree /a in Physical Activity and Sports Sciences, or the corresponding degree title”.

double implication

For Coplefc, this victory has two implications. The first, “create jurisprudence that in future situations will guarantee the same success, because the magistrates of the courts are assuming this new legal corpus prepared by the TSCJ.”

While, on the other hand, he adds, “the case has an implication of a preventive nature, since the local administrations are also assuming that they cannot incur according to what labor contracting formulas, because the surveillance of the Coplefc Legal Services It will overthrow, at least, this legal solution”.


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