Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The Spanish legal system makes access to the status of career civil servant or permanent staff in the public sector subject to the prior passing of a selection process in which the constitutional principles of equality, merit and ability must be respected. However, this theoretical-regulatory framework has come up against a reality characterised by the huge influx of temporary staff into public administrations, through fixed-term service relationships that have been chained together until their contours have become blurred. This relaxation on the part of the public employer has for years fuelled a structural problem of irregular or fraudulent appointments and recruitment, contributing to the perpetuation of the fact that positions filled temporarily are not filled definitively through the appointment of public employees with a permanent service relationship. This paper makes a diagnosis of temporary employment in Spanish public administrations within the framework of Law 20/2021, of 28 December, on urgent measures to reduce the temporary nature of public employment, while reflecting on the consequences of the abusive use of these fixed-term service relationships and the future needs of the model.

Straddling the line between the power of self-organisation held by public administrations and the principle of competition in the awarding of contracts, are the in house providing contracts, also known as vertical cooperation formulas, which, together with horizontal cooperation (inter-administrative agreements), are exempted from the application of the 2014 public procurement directives. These techniques of administrative self-provision (which do not include the transfer of competences) are the object of study in this work in view of the regulation contained in the LCSP of 2017 and in the LRJSP, based on the provisions of EU public procurement regulations and the recent and key case law of the Court of Justice of the European Union (ISE-Cologne, Remondis 2, Porin Linjat, IREN Spa), with the aim of establishing their contours. The mechanics of these formulas in the local sphere deserve special attention, as they are also linked to the debate on the most suitable form of management of local public services and their optimum level of provision. Also worthy of special attention is the use of «direct associative management through in house contracting» analysed in the relevant ruling of the Administrative Chamber of the High Court of Justice of Catalonia no. 36661/2020, of 21 September (Collbató-CONGIAC-GIACSA City Council case).

This article analyzes the salary of more than twenty thousand senior positions in Spanish public administrations from the perspective of their internal equity, their salary structure and their link with the vertical career path. For this purpose, the central administration of five autonomous communities, five local administrations and the General State Administration have been studied. Among the main results of the research, it is worth highlighting the existence of significant differences in the salaries of the administrations located in the territory of Autonomous Community Madrid; there is a salary overlap at the lower levels of the higher positions that can generate demotivation among civil servants; the salary ranges of the administrations studied are relative narrow, with those of Bilbao and the Basque Country standing out; internal equity is weak as there is no good correspondence between responsibility and the salaries assigned to higher positions; the implementation of a future horizontal career would mean an increase in personnel costs for many public administrations; and the career of the senior civil service in Spain is relatively short.

This article focuses, within the field of collaborative accommodation or collaborative tourism, on the examination of the legal regime applicable to short term rentals in the city of Madrid, and the use of urban zoning as a preponderant instrument that defines its regulation. In this sense, the text starts from a general examination of the regulation of the short term rentals, including its own definition, to later project it in the regulatory sphere of the Community and the municipality of Madrid, which use their competences in matters of tourism and urban planning for the production of regional and local regulation in this sector. In this context, the Special Plan approved by the Madrid City Council in 2019 is studied in detail, which proceeds to zone the city, through the technique of urban qualification and the modification of the uses of the urban approach. Next, the text considers the conformity of the use of this technique in relation to the rules of liberalization of services and defense of competition contained in our legislation, among other arguments, and in line with pronouncements due to the competition authorities, and examining European and national jurisprudence in this area which confirms the legitimacy of the use of such instruments. From this perspective, finally, a set of assessments are provided aswell as a proposal of different and more aggressive legal techniques, with the perspective of the uncontrolled proliferation of short term rentals in Madrid and the ineffectiveness of the current regulation.

One of the main characteristics of the special administrative appeal on the award of public contracts, regulated by the LCSP, is that its resolution is attributed to administrative bodies created ad hoc –the so-called administrative courts of contractual appeals (TARC)–, specialized in public procurement and endowed with guarantees of independence, both from the contracting authorities and from potential interested bidders. Thus, the aim of this paper is to approach the legal regime of the different TARC existing in Spain -paying special attention to those created by the Autonomous Communities and local entities-, to check if they have really been configured as a real independent bodies. To that end, taking as a reference the conditions that come directly from European Union Law, we will analyse some of the most relevant elements of the organization and functioning of these bodies, such as the way in which their members are appointed, the duration of their mandate and its revocability or the appearance of independence from the parties.

This work deals with the legal framework of the official status of Aranese language within the territory of Aran and in the rest of Catalonia. For that purpose, the author explains, firstly, which has been the path followed until the full recognition of the said language as an official language, which took place with the adoption of the Statute of Autonomy of Catalonia in 2006. Secondly, the author analyses how the ordinary Catalan legislator has developed the statutory provisions regarding the official status of the Aranese language. In that regard, it has made a clear distinction between the effects of such declaration in the territory of Aran and in the rest of Catalonia, but outside Aran. Finally, the paper also deals with the preferential use of Aranese language, established in the Catalan Law on Aranese language, and questions its conformity with the Spanish Constitution.

Our society ages, which entails a greater presence of chronic diseases, dependency and the necessary personal care of those who suffer from them. For these patients, achieving comprhensive socio-healt care, especially in rural áreas, requires, among other issues, adequate cordination and planning ot healt and social services, wich has been shown, even more so if possible, with the outbreak of the COVID pandemic.

Thanks to Law 1/2018, of 5 November, on the reform of the Statute of the Canary Islands (hereinafter, the EAC 2018), as well as the motion passed by the Spanish Senate in June 2018, La Graciosa has been legally recognised as an island. The island is an entity to which our Constitution recognises autonomy and to which a certain administrative organisation is attributed for the management of its particular interests, so we wonder how this recognition has affected the organisation of La Graciosa. However, the legislation does not offer any options to accommodate the insularity of La Graciosa. The consequence of this is the need to find a solution for the development of the administrative organisation of this island within the limited margin provided by our local regime regulations.

The assignment and reversal mechanism separating public assets and publicly owned assets is in a clear state of crisis. Whereas the legislation and academic legal opinion affirm the need for formal assignment and reversal, a clear line of case law emphasises the practical need for material assignment and tacit reversal. This case law clearly acknowledges the right of reversion in the event of expropriation when there is no material assignment, or when a tacit reversal is proven. However, the majority of the case law goes beyond this analysis and focuses instead on the accomplishment of the overall urban purpose.

Objective: The objective of this study was to determine the water quality of the lower basin of the Usumacinta River, based on its physicochemical and microbiological characteristics. Design/methodology/approach: There were taken 11 monthly samplings of surface water during the rainy season, from June to December, 2017 and in the dry season, from April to May, 2018, in three different sites. The parameters of temperature, pH, Electrical Conductivity (EC), Total Dissolved Solids (TDS), Total Suspended Solids (TSS), total phosphorus (TP) and Nitrogen nitrate (N-nitrate) were evaluated. Significant statistical differences (p≤0.05) between seasons and between sites were determined. Results: The results obtained were compared with Mexican regulations and Ecological Criteria for water quality. The parameters such as EC, TDS, TSS and total phosphorus showed substantial differences among seasons. The temperature, pH, EC and N-nitrate, did not exceed the maximum permissible limits for the use of irrigation water, urban public use and protection of aquatic life. However, the presence of E. coli and total coliforms from 530 to> 24 196 MPN/100 ml was recorded throughout the study period. Findings/conclusions: Parameters under study did not show significant differences between sites. The rainy season had an important effect on the increase in concentrations of TSS, TP, N-nitrate and total coliforms. Also, that maximum concentrations were recorded during the study period in the sampling sites of Boca del Cerro (R1) and Puente Chablé (R2).