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INPRIMATU
Secretariats and interventions: modification of game rules at the end of the game
Hainbat sinatzaile* 2024ko abenduaren 19a

On 5 December last, pp presented in the Parliament of Navarra a proposal for a law to decouple the processes of functionalization of the Secretariat and Intervention positions of the local entities of Navarra. If this were to happen, about 30 people would achieve well-deserved functionalization, but at least as many, among others, some of the people we signed this article would lose employment and, at best, would take some of us to new destinations without the possibility of choice. In addition, many municipalities would be overwhelmed by the vacancy of their Secretariat and Intervention posts, while the rest of their colleagues would be affected by their running after the opposition.

Despite the fact that, as a result of the political decisions, the abusive situation in the Secretariats and Speeches of the local authorities of Navarre began more than half a century ago, we will focus on the latest developments (as a precedent, we will cite that, on several occasions, our fixity has been left to nothing when we reach the Constitutional Court): In May 2022, the Parliament of Navarre approved the Foral Law 16/2022, which called for 30 places for the opposition, with the aim of stabilizing about 150 places (especially in terms of seniority) and opening a transfer competition for twelve officials (in the end). This law stipulated that all Secretariats and Interventions would modify the post on the same day to ensure an orderly transition. These were the rules of the game, which we have all accepted and on the basis of which we decided to organize our lives (learning, working, caring and other tasks as legitimate and important as the previous ones), according to the circumstances of each one. And this was because it was understood almost in a consensual way, even among those who are now promoting disconnection, that people who have been working for 15 and 30 years have demonstrated their spare capacity, even though governments have not called opposition all this time.

The results of the stabilisation process were published in July 2023, but 145 people did not take office because they had to wait for the resolution of the last procedure (the opposition) called. The opposition was examined in November 2023. Many of the people who obtained a place for stabilization did not show up, and many of those who presented themselves were without having expressly studied, trusting in the current law that, in their case, stated that the examination was not necessary.

What will happen if the Constitutional Court finally gives a ruling in favour of the law? How is the difference in treatment between those who are now made public and those who are made later justified?

In December 2023 (after the examination), the High Court of Justice expressed doubts about the constitutionality of the law and temporarily suspended the stabilisation process by means of an order. It follows from this order that the Government of Navarra was expected to paralyse all the processes, as has already been done in similar cases. In October 2024, the High Court of Justice referred the matter to the Constitutional Court to decide whether Foral Law 16/2022 is constitutional and, a week later, Counsellor Óscar Chivite announced his intention to amend the law so that opposition places can be covered without waiting for the Constitutional Court’s ruling (so that the 30 people who are going to function as opposition would benefit). But why do you want to change the rules of the game now, if that interconnection between processes had already caused difficulties? As a result of these game rules, 145 people who obtained a place by merit competition were not able to take office in July 2023 before the suspension took place. And, as a result of these rules of play, it was the results of the opposition, and not what they would have been if we had known that we were going to have to deal with unemployment, or if other colleagues had known that a few could have worked before others, because that hurts them in future relocation competitions.

We are not going to explain the problems of legality and constitutionality that the change we want to make here is because there are many (breaching the principles of legal certainty and legitimate trust, the acts adopted by the acting administration itself, adopting harmful regulatory decisions with retroactive effects…), we are not put into an article and we move them to those who have wanted to hear us: both the trusted staff of the advisor, as well as the parliamentary groups that have responded to our meeting. Consequently, as we have understood, there is currently no legal report to support this amendment, while Foral Law 16/2022 had technical reports that ensured compliance with the law.

In any case, the reality is that in order for the PP initiative to succeed, it is sufficient for 26 of the 50 MEPs to vote in favour. We believe that this vote will be conditioned by pressure from other interested groups and we understand our colleagues’ desire to improve their working conditions. We regret the situation, particularly for the people who worked in 2012, the political decisions and the lack of action of the governments of Navarre, who have not been able to participate in the relocation competitions, but this political decision does not solve the fundamental problems and exacerbates them. What will happen if the proceedings are eventually disconnected and the Constitutional Court gives a ruling in favour of the law? How will the damage done to those of us who lose jobs or are forcibly displaced be solved? How is the difference in treatment between those who are now made public and those who are made later justified?

We wonder what damage the resolution of the Constitutional Court would have expected, because if we were to balance our fellow workers’ improvements in employment and our unemployment and the collapse of several local entities, there does not seem to be any doubt. After all, we do not deserve that the chaos brought about by the political lapse of several decades leads to irreparable damage.

We therefore call for respect for the legitimate trust we place in the administration in organizing the law, the principles of law and our lives.

Signed by the Secretaries and Auditors of the 58 Local Entities of Navarra:

1. Edgar Láinez Goñi, Interventor de Mendavia.
2. Mari Jose Ezkurra Legazkue (Ezkurra, Eratsun eta Saldias)
3. Eguzkiñe Aiesa Andrés, Secretary of Irurtzun
4. Francisco Javier Gil Izco, Secretary of Villava.
5. Don Joaquín Lizarraga Sanz, Secretary of the Municipalities of Ezkabarte and Olaibar.
6. José Antonio Otazu Ferrer, Interventor de Irurtzun.
7. Don Alberto Echeverría Armendariz, Secretary-General of Aberin, Arellano and Morentin.
8. Inés Carpintero Ruiz Secretaría Interventora de la Commonwealth de Sangüesa.
9. José Luis Navarro Resano, Secretary of Lizarra.
10. Nagore Madariaga Iriarte (Secretary of Arantza and Igantzi).
11. Joaquín Legarda Araiz, Carcar Secretary.
12. José Miguel Corres bottle, Valle de Lana, Mues, Sorlada and Piedramillera.
13. Sara Lana Cambra. Secretariat of the municipalities of Eulate, Aranarache and Larraona.
14. Asier Gil Artuch. Secretary-Financial Controller of the General Assembly of the Roncal Valley.
15. Imelda Ruiz de Larramendi. Exceedance in the municipalities of Aguilar de Codes, Aras, Genevilla and Marañón
16. Leyre Torres Ruiz, economist at the Estella17 City Hall. Asun Gil Barno, secretary of Viana
18. Raúl Echarri Jiménez, Secretary of Oteiza
19. Maider Muguiro Perez, Valle de Arce, Oroz-Betelu and Secretary Interventor del Valle de Lónguida
20. Idoia González de Zárate Fernández de Retana, Interventora de Viana
21. Ainara Armendariz Castien, Secretary of Ansoin
22. José Javier Cuenca Echarri. Azagra Financial Controller.
23. M. Concepción López Azanza, Abarzuza and Lezaun.
24. Alfonso Araujo Guardamino, Ultzama-Odieta
25. María Barkos Berruezo, Lakuntza
26. Isaak Valencia Alzueta, Alsasua
27. Begoña Olaskoaga Etxarri, Lekunberri
28. David Modrego Jiménez, Secretary of Fontellas.
29. Maria Jesús Hernández Luri, Azagra
30. Andrea Lafuente Bozal, Ribaforada
31. Raquel García Pérez, Cadreita
32. Angel bernardo galindo serrano, Rincón de Soto
33. Jesús Angel Lacarra López, Fitero
34. Edurne Chasco Garralda, Iza
35. Begoña San Martín Amor, Carcastillo
36 Elvira Sáez de Jauregui Urdanoz, Doneztebe Santesteban and the Association of Municipalities of Elgorriaga
37. María Teresa Lizarraga Mansoa, Murillo del Cuende Udala
38. Jon Urteaga Alameda, Secretary of the City of Mendavia
39. Joanes Alemán Ollo, Araraid-Betelu
40. Ana Gómez Senosiain, Santacara
41. Sonia Mateo Ortega, Ablitas
42. José Miguel Vela Desojo, Villatuerta
43. José Gabriel Ayesa Aristu, Sangüesa.
44. Ana Alduntzin Navarro, Larraun.
45. María Dolores San Martín Hermoso de Mendoza, licensed in law by the City Council of Pamplona and former secretary of Zabascene and Belascoain,
46. Eunate Nicuesa Txakon, Bakaiku and Iturmendi.
47. Marta Valencia Lara, Barásoain
48. Urtzi Nazabal Goñi, Commonwealth of Sakana
49. Mertxe Goñi Gorriz. Financial controller of the City of Ansoáin
50. María Teresa Perales Díaz, Secretary of the City of Cascante,
51. Edurne Ayesta Zardoya, Interventora de Burlada
52. Flor Laparte Rodríguez, Secretary of Andosilla
53. Imanol Goñi Razkin, Secretary/Financial Controller of the City of Arakil.
54. Íñigo Urdangarin Zurutuza, Interventor de Lesaka
55. Lucia Beloqui Iriarte, Basaburua e Imotz,
56. Etienne Alzate Figueras, Javier, Petilla de Aragón and Secretary-Interventor de Ezprogui
57. Juan Carlos González Muñoz, former secretary of Yesa, named for Aranguren Valley No.
58. Sofia Peña Vidondo, Interventora de Berriozar