Towards Effective Sanctions in Public Temporality: The Doctrine of the CJEU and the Projection of STSJ Galicia 4141/2024 on Law 20/2021
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https://orcid.org/0009-0009-9098-9302
Abstract
This article examines the judgment of the TSJ Social of Galicia 4141/2024 regarding compensation for the termination of temporary contracts in the public sector, in the context of Law 20/2021 and the jurisprudence of the Court of Justice of the European Union (CJEU) of June 13, 2024. The Galician ruling establishes the obligation to provide compensation to temporary workers affected by the abuse of temporary hiring practices, despite the absence of specific provisions in Spanish law. This analysis explores how the CJEU's jurisprudence reinforces the need for effective and dissuasive measures against the abuse of temporary contracts and how Law 20/2021 fails to fully meet European standards. The TSJ Social of Galicia's decision opens an important debate on the direct application of European Union law and the appropriate measures to sanction the abuse of temporariness in the public sector.
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Abuse of temporariness; public sector; fixed-term employment; compensation; CJEU; TSJ Social of Galicia; clause 5; effective sanction; primacy of EU law; employment stabilization
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