June 1, 2023

The Contentious Court of Huelva issues precautionary measures in a reduction and specification of hours for the care of children under the age of one Civil Guard that the Huelva Command had denied him.

The judgment of the High Court makes it clear, as the legal services of AUGC Huelva, that the concession of the requested time specification does not entail alteration or distortion of the affected public service, without prejudice to the fact that due to the Administration can and should assign a greater number of troops in order to improve its operational and response capacity. Which means that it must be the Civil Guard itself, the one that assigns the greatest number of troops if with the application of these rights, the affected public service could be distorted.

It is not the first precautionary measure and ruling favorable to the time specification that is systematically denied by the Huelva command, which normally grants the reduction because it is a right, but leaves the application of the time specification requested by the agent to the Heads of the Unit. In this case, they are fixed hours to care for minor children, nurseries, schools, etc.

Time and time again, the Huelva Command denies the time specification, with various justifications, which until now have all been annulled by the courts, including by the Andalusian Superior Court of Justice, but resolutions that do not conform to the sentences continue to be issued. and that force the Civil Guards to resort to the courts with the consequent delay in the application of these rights.

The truth is that the interest consisting in the reconciliation of family and work life, in its double perspective of the right to non-discrimination due to personal circumstances, as well as from that of the mandate to protect the family and children , in order to avoid or eliminate the always negative consequences for minors and very young children derived from an irregularity in the attention of their parents due to the schedules and needs of the affected service.

The court order says: Grant the precautionary measure of SUSPENSION OF THE EXECUTION of the appealed Resolution in relation to the specification of the day that must be set in the requested terms, and until such time as a resolution is issued that puts an end to this procedure.

The TC also supports measures for the Civil Guard

The Constitutional Court has declared that effective judicial protection claims the possibility of agreeing on adequate measures, to ensure the real effectiveness of the future pronouncement that falls on the process, to avoid irremediable damage, so that full control of administrative action, imposed by art. 106.1 of the Constitution, means that judicial control also extends to the immediately executive nature of its acts (STC 238/1992) and this is precisely what the Chamber grants, something also applicable to the Civil Guard.

To the request made by the lawyer of AUGC HUELVA Juan Rodríguez, in order to protect the rights of the civil guard, that in the face of the refusal, both of the Command and the Zone, to the application of the time specification, once again it must be a Court that, at least in a precautionary manner and to avoid harm to minors, dictates this measure in order to preserve the rights of both the civil guard and minors.

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