Administrative act

The Supreme Court (SC) has ruled on an issue that affects many people who work or aspire to work in the public administration, the legal nature of the so-called public job offers (PJO) that are published to fill positions in public bodies.
The case arose after a interim official challenged the extraordinary job offer published by the Xunta de Galicia in 2022, arguing that it should have been processed as a true regulation because, in his opinion, established general rules and had a vocation of permanence. He also argued that mandatory reports had been skipped and that it was not explained why his position was left out of the stabilization provided for in the law to reduce temporality in public employment.
these offers of employment, when issued to conclude an exceptional process of stabilizing temporary positions as required by Law 20/2021 , do not create new rules nor definitively change the rules of the game. They simply develop what the law already establishes for a specific case and are exhausted in that process , indicating how many positions are open for competition, but do not decide anything beyond that offer.
Therefore, the public employment offer, according to the TS, is a general administrative act (something like a decision aimed at several recipients, but within existing rules), and not a provision of general nature or regulation . In addition, the Supreme Court points out that the OEP does not assign specific positions (that is done later in specific calls) and must always respect the job relationships provided by law.