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The hearing rejects the appeal of UMU workers against the file of their complaint against the rector (02/03/2018)

The Provincial Court of Murcia has dismissed the appeal that five workers of the University of Murcia (UMU) filed against the file of the complaint filed against the rector, José Orihuela, for the call for an open competition to cover the jobs that they occupied.

The order, against which there is no recourse whatsoever, points out that the Chamber does not appreciate any element of a criminal offense of prevarication, and adds that it is not particularly important that the defendant try to make it an opposition process and not an opposition process, The truth is that, finally, the latter was established, where, in his case.

The merits of the complainants may be assessed.

The Hearing also indicates that the contentious-administrative jurisdiction had already had the opportunity to rule on the matter in the complaint filed by one of the complainants.

And it did so in a ruling stating that it is not possible to extract a subjective right of the appellant from the process of officialization to occupy a position of an exercisable official in the face of the modification that has been made, but a right to participate in the process when the UMU opts by summoning them.

What has been tried with the competition-opposition-also indicates the auto-, is to endow to such positions of the corresponding civil servant personnel, reason why hardly it can be spoken of a deviation of being able.

It is obvious, therefore - concludes the resolution - that it is not for the criminal jurisdiction to review the administrative acts in question.

The order indicates, on the other hand, that it was not agreed to hold an oral hearing, as requested by the appellants, considering it unnecessary because it was not a complex matter.

Source: Universidad de Murcia

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