The Madrid Prosecutor's Office opposes the Justice instruction that limits vacations and "moscosos" to LAJ

The prosecutor understands that it limits the right of strikers to urge their colleagues to join the strike

MADRID, 14 Feb. (EUROPA PRESS) -

The Community of Madrid Prosecutor's Office has reported in favor of adopting the precautionary measure requested by the Lawyers of the Administration of Justice (LAJ) to temporarily paralyze the instruction issued by the Ministry of Justice on the matter until the appeal is resolved. the regime of enjoyment of permits during the days of strike.

In a letter addressed to the Contentious-Administrative Chamber of the Superior Court of Justice of Madrid (TSJM), to which Europa Press had access, the prosecutor Lorena Álvarez Toboada understands that the adoption of said request is appropriate given the "clear" existence of irreparable damage.

The collective filed a Contentious-Administrative appeal against said instruction for the protection of the fundamental rights of the person and for the alleged violation of the fundamental right of article 28 of the Spanish Constitution, which "recognizes the right to strike of workers for the defense of their interests".

Instruction 1/2023, issued by the Secretary General of the Administration of Justice, was requested within the framework of the conflict between the LAJ and the Ministry of Justice and which gave rise to the call for an indefinite strike that the group has supported since last January 24.

The matter on which the Madrid Prosecutor's Office is ruling affects the national level but is substantiated in the TSJM because the Secretary General of the Administration of Justice has the rank of undersecretary, according to what tax sources have detailed to Europa Press

The prosecutor emphasizes that by denying, in a general way, the enjoyment of permits, the "pressure" that the group can exert against their employer is limited, which, moreover, in this case, "responds to the public for the provision of a service public".

Likewise, it considers that "it limits the right of the strikers to urge their colleagues to join the strike, since it blames the strikers for the limitations of the individual rights of the non-strikers."

"The Instruction has no other purpose than precisely to limit the right to strike. Article 6.1 of RD-Law 17/1977 establishes that "The exercise of the right to strike does not extinguish the employment relationship, nor can it give rise to any sanction". Pick up the writing.

Therefore, it understands that this general provision contemplated in the Instruction has, apparently, "sanctionary sense to the collective in general."

"The possibility of denying permits "for reasons of service" is already contemplated in the ROCSJ and the Coordinating Secretaries may deny the granting of the right in response to specific circumstances," it says.

For this reason, he assures that the purpose of the Instruction is not understood if it is not to limit the right to strike and the "pressure" exercised by the LAJ against the Ministry of Justice.