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The Lawyers' strike marks a new participation record: the associations speak of 85% and Justice of 33.9%

The LAJ present an appeal against the Instruction of the Ministry on the regime of substitutions, vacations and permits.

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The Lawyers' strike marks a new participation record: the associations speak of 85% and Justice of 33.9%

The LAJ present an appeal against the Instruction of the Ministry on the regime of substitutions, vacations and permits


The indefinite strike of Lawyers of the Administration of Justice (LAJ) that began on January 24 has set a new follow-up record this Thursday. The convening associations ensure that 85% have participated in this eighth day, while the Ministry of Justice records a 33.92% participation.

It is the highest data that both parties have communicated since the break began. So far, the convening associations had reported between 73% and 84.6% follow-up. The department directed by Pilar Llop had registered a participation of between 18.9% and 32.73%.

In a statement issued this Thursday, the three associations calling for the strike -- the Progressive Union of Lawyers of the Justice Administration (UPSJ), the Independent Association of Lawyers (AinLAJ) and the Illustrious National College of Lawyers -- have regretted that the Ministry continues "without calling the strike committee and, therefore, without caring about the damage that the conflict is causing to the citizens and to the public service".

According to the data handled by the associations, this Thursday "8,900 views have been suspended in Spain, of which 1,080 correspond to Madrid." "Since January 24, 71,200 views have been suspended, as well as tens of thousands of statements and appearances of all kinds," they specified.

In line, they have assured that "some 250 million euros" have been paralyzed in the consignment accounts as a result of the strike. "There have also been 3.2 million fewer notifications than those corresponding to the same period of the previous year," they added.

Within the framework of the stoppage, this Thursday the strike committee has also reported that it has filed a contentious-administrative appeal before the Superior Court of Justice of Madrid against the Instruction of 1/2023 regarding the substitution regime during the stoppage.

They have denounced a "violation of the fundamental right to strike" which, as they have defended, is "the only tool that workers have to defend themselves against their employer." And they have insisted that their intention is to "put an end to the authoritarian attacks and the social persecution against the LAJ body by this Ministry."

In the instruction, to which Europa Press has had access, the Secretary General for Justice Innovation, Manuel Olmedo, explains that the strike call "has overlapped with the last days of the period in which vacation days and private matters can be enjoyed corresponding to the year 2022". And he points out that "given the uncertainty about the duration of the strike" it must be guaranteed that the right to enjoy said permits "is compatible with the exercise of the right to strike and the proper organization of the substitutions from."

Thus, the secretary assures that "additional criteria must be established" to those established in the Instruction in which it is determined how the coverage of positions of court clerks is carried out through the substitution mechanism, "as well as the system of calling and appointment of substitutes in any of the modalities provided for in the organic regulations, with regard to the regime of substitutions".

Olmedo agrees that "the enjoyment of vacation days or private matters corresponding to the year 2023 will not be authorized to the lawyers of the Administration of Justice on days when they must attend to signals." According to him, "exceptionally" they may be granted "when there are duly justified personal circumstances, such as those related to reconciling work and family life, or making trips paid for prior to the issuance of this letter."

Within the framework of the instruction, it also establishes how the substitution regime will be when a lawyer enjoys a permit or license. The substitution will fall on the lawyers --designated or not as minimum services-- who do not exercise their right to strike and who "voluntarily" assume it or, failing that, on those who are not on strike and who in turn corresponds. "These substitutions will be subject to remuneration in accordance with the specific action plan."

The indefinite strike reaches its eighth day as a result of the conflict that has its origin in "the lack of salary adjustment to the greater functions and responsibilities attributed by Law 13/2009, discharged to judges, and increased in successive reforms", in especially that of 2015, which -- they denounce -- has caused an "unbearable imbalance".

The conveners point out as a "trigger" of the conflict the agreement that Justice signed in December 2021 with the unions of the general bodies "without properly developing the salary adjustment to the latest procedural reforms provided for in the second paragraph of Additional Provision 157 of the Law 11/2020 of the General State Budget for 2021".

Before the strike began, Llop asked the strike committee to avoid "maximalist positions" because they prevented "good agreements". This same week, for his part, the Secretary of State for Justice, Antonio 'Tontxu' Rodríguez, has assured that the LAJ strike is a "political" measure and that it is "out of place". He stressed that "any type of economic claim that takes place in this strike does not make sense", since the Ministry "has complied with all the agreements" reached with the representation of these workers.

On the sidelines, this week the director of the cabinet of the Presidency of the Government, Óscar López, has transmitted to the LAJ that they are "an essential piece" of the Judiciary and has expressed his "confidence" that the negotiations with the Ministry "can conclude in a reasonable and satisfactory agreement".

In a letter sent to a member of the strike committee, to which Europa Press has had access, López has valued the work of the lawyers and has emphasized that for this reason "the Government, through the Ministry of Justice, Only last 2022, it launched the reform of the specific complement and two programs to improve the remuneration of the members of the body in terms of tickets and registrations, and in terms of substitutions".

This is how they have spoken from Moncloa before the letter that three LAJ associations sent to President Pedro Sánchez to ask him to adopt the "necessary measures" to redirect the conflict that he maintains with the department directed by Pilar Llop and avoid the indefinite strike that began on Tuesday January 24.