The AN orders the Interior to renegotiate clauses of the salary equalization agreement for civil guards and police

It affects the money for a second activity and to approve legislative measures that prevent the "dysfunction" in salaries from repeating itself

MADRID, 28 Jun. (EUROPA PRESS) -

The Central Contentious-Administrative Court number 3 of the National Court (AN) has upheld an appeal filed by the Unified Association of Civil Guards (AUGC) that obliges the Ministry of the Interior to "initiate a renegotiation for compliance with the third clauses and eighth" included in the Salary Equalization Agreement signed in 2018.

The sentence of June 27, consulted by Europa Press, meets this demand for persisting "dysfunctions of a salary nature" between the National Police and the Civil Guard with respect to the regional police forces. The Administration may appeal within a period of 15 days.

The Salary Equalization Agreement was signed by the Ministry of the Interior during the period of the Government of Mariano Rajoy and was later budgeted, with more than 800 million euros in three years, after the arrival of Pedro Sánchez to the Presidency of the Government and with Fernando Grande-Marlaska as holder of this portfolio.

Sources from the Ministry of the Interior consulted by Europa Press have indicated that this department "will continue working on improving the conditions" of the police and civil guards, although stressing that in this legislature they have "completed a salary increase of 38 percent on average" for agents.

The ruling responds to the demand of representatives of police and civil guards against the breach of two clauses of the agreement, the third and the eighth. The first of these included the commitment to allocate one hundred million euros in three years "to encourage the re-entry of second-level personnel without assignment and reserve to active service."

They also considered that the eighth clause had not been complied with, on "legislative measures to guarantee that in the future a salary dysfunction cannot occur among the police forces that carry out the same functions."

In a statement, AUGC and the Unified Police Union (SUP) have celebrated the success of their "common legal strategy" started in October 2021, when they went to court before the "inactivity of the Administration".

The two organizations warn that it would be "embarrassing" for the Government to "obstruct compliance with this historic sentence", hence they demand that they be urgently summoned to a dialogue and negotiation table for compliance with what was ordered by Justice.

The ruling cites AUGC as the appellant in a lawsuit in which, originally, SUP, UFP and ASESGC also participated, all of them also signatories of the March 2018 agreement, recalls that on January 27, 2022 the secretary of Security State agreed to reject the applications submitted by the professional association requiring the Council of Ministers to comply with the provisions of the eighth and third clause of the equalization agreement.

The representatives of the civil guards pointed out that the "inactivity contrary to the legal system by the Government meant the consecration of a situation that is very negatively affecting the full salary equalization of the State Security Forces and Corps."

The National Court recognizes that the Minister of the Interior does not have the capacity on his own to develop a law on remuneration, although it is his responsibility to "propose to the Council of Ministers the adoption of a legislative measure with that content".

"The priority is that the equalization has to be effective in the payrolls of the police and guards and the civil guards as soon as possible," says the ruling, which adds that the Government "only obliges itself to present a bill" and, of course, not get ahead, "the renegotiation of the matters dealt with must be initiated within a month, if so requested by at least the majority of one of the parties".