Legal Challenge Against Local Government Officials Competition 2025-2026: What Affected Parties Must Do

Key data

The general merit list that ranks participants in the ordinary 2025-2026 competition for officials with national qualification, specifically for the Audit-Treasury Sub-scale, is being challenged in court. Ms. Ana Encarnación Gago Fernández has filed administrative law proceedings 268/2026 before the TSJ of Galicia against the Resolution of 21 May 2026 from the General Directorate of Public Service, which published said individualized merit list.

The General Technical Secretariat publishes this summons in the BOE of 1 October 2026 so that any interested party may appear in the proceedings. The legal basis is article 49 of Law 29/1998, regulating Administrative Law Jurisdiction. If the court upholds the challenge, the scores and order of the list could be modified, directly affecting the competition results for all participants.

What does this regulation establish?

The Resolution of 29 September 2026 from the General Technical Secretariat fulfills a mandatory procedural step: publicly notifying all potential interested parties that a legal proceeding is underway that may affect them, so they can appear and defend their position.

The key elements of the procedure are as follows:

• Challenged decision: Resolution of 21 May 2026 from the General Directorate of Public Service, which published the individualized general merit list for the ordinary 2025-2026 competition for officials with national qualification, Audit-Treasury Sub-scale.
• Claimant: Ms. Ana Encarnación Gago Fernández.
• Competent court: TSJ of Galicia, Administrative Law Chamber, First Section.
• Proceedings number: 268/2026.
• Legal basis for the summons: Article 49 of Law 29/1998, regulating Administrative Law Jurisdiction.
• Deadline to appear: 9 days from publication of the resolution in the BOE (1 October 2026).

If the TSJ of Galicia upholds the challenge, the merit list published on 21 May 2026 could be annulled or modified, which would alter the order of preference in the competition and, consequently, the positions assigned or pending assignment.

Economic and operational impact

The direct impact of this challenge is not economic in terms of business costs, but rather professional and career-related for officials participating in the competition. The specific operational consequences are:

• Suspension or review of the competition: Depending on any precautionary measures the claimant might request, the position assignment process could be suspended or conditioned on the court ruling.
• Alteration of the order of preference: If the court modifies the merit list, officials occupying positions close to the thresholds for position assignment will see their assignment directly affected.
• Temporary legal uncertainty: While the challenge is being processed, the finality of competition assignments remains in question, which may affect decisions regarding transfers, housing, and personal organization of participants.
• Legal representation costs: Officials who decide to appear in the proceedings will need to consider hiring a lawyer and legal representative, with associated costs.

Who does it affect?

• Officials with national qualification in the Audit-Treasury Sub-scale participating in the ordinary 2025-2026 competition.
• Officials whose score or position in the general merit list could be altered if the TSJ of Galicia upholds the challenge.
• Officials with positions assigned or pending assignment under this ordinary competition, whose finality depends on the outcome of the legal process.
• Local entities expecting the incorporation of new auditors or treasurers through this competition, as the court ruling could delay or modify the planned incorporations.

Practical example

Imagine an official with national qualification in the Audit-Treasury Sub-scale participating in the ordinary 2025-2026 competition who ranks 45th on the general merit list published on 21 May 2026. They have requested a position in a specific municipality and are at the assignment threshold.

If the TSJ of Galicia upholds the challenge filed by Ms. Ana Encarnación Gago Fernández and orders the review or modification of the merit list, this official's score could change, moving them up or down in the ranking. This could mean they obtain the desired position or, conversely, lose it in favor of another participant.

To protect their position, this official has until 9 days from 1 October 2026 to appear in the proceedings of challenge 268/2026 before the TSJ of Galicia, claiming their status as an interested party. If they do not do so within the deadline, they cannot intervene in the process or appeal the ruling if it harms them.

What should affected parties do now?

1. Verify if you participate in the ordinary 2025-2026 competition of the Audit-Treasury Sub-scale and whether your score in the general merit list published on 21 May 2026 could be affected by the outcome of the challenge.
2. Act before the 9-day deadline expires from 1 October 2026. This deadline is peremptory: once it passes, you cannot appear in the proceedings of challenge 268/2026.
3. Consult with a lawyer specializing in administrative law to assess whether your situation justifies appearing in the process and what arguments you could raise as an interested party.
4. Follow the progress of the challenge before the TSJ of Galicia, Administrative Law Chamber, First Section, to learn whether precautionary measures are adopted that affect the development of the competition.
5. If you are a local entity expecting the incorporation of an auditor or treasurer through this competition, inform your legal department and plan for possible delays in incorporation.

Official source

Consult complete regulation at official source (BOE-A-2026-20463)

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-20463