Legal Challenge to Local Secretary Tests (National Qualification): 9 Days to Appear

Key data

If you participated in the selective tests for access by internal promotion to the Local Administration Secretary sub-scale, senior category, with national qualification, this legal challenge directly affects you. COSITAL —the professional association representing secretaries, comptrollers and treasurers of local administration— has challenged before the courts the Order TDF/710/2026, which approved the final list of admitted and excluded candidates in that selection process.

The General Technical Secretariat has published the service of process in the Official State Gazette (BOE) of 28 September 2026 so that any interested party may appear. The deadline is 9 calendar days from that publication, which sets the limit at approximately 7 October 2026.

What does this regulation establish?

The published resolution is not a regulation that creates new rights or obligations: it is a service of process. Its function is to publicly notify that an administrative law proceeding is underway and that interested parties may join the procedure.

The challenge impugns the Order TDF/710/2026, which approved the final list of admitted and excluded candidates in the selective tests for access by internal promotion to the Local Administration Secretary sub-scale, senior category, with national qualification. The appellant is COSITAL (General Council of Official Colleges of Secretaries, Comptrollers and Treasurers of Local Administration).

The procedure is processed as Abbreviated Procedure 137/2026 before the Central Court of First Instance, Administrative Law Section, Plaza no. 10.

The possible consequences of the challenge are significant:

• If the court upholds the challenge, it could declare null or partially annul Order TDF/710/2026, affecting the validity of the selection process.
• The exclusions of candidates who were not admitted could be reviewed.
• Admitted candidates could see their situation altered if the list is modified by court order.

Economic and operational impact

This legal challenge does not generate direct costs for companies or administrations in a general sense. Its impact is individual and professional: it affects the people who participated in the selection process and their opportunity to access a civil service position with national qualification in the Local Administration Secretary sub-scale, senior category.

For candidates, the operational impact is clear:

• Admitted candidates: have a legitimate interest in the selection process remaining valid. If they do not appear and the court annuls it, they would lose their position without having been able to defend their rights in the process.
• Excluded candidates: have an interest in appearing if they believe their exclusion was improper and the challenge could open the door to their readmission.
• Local administrations: secretary positions with national qualification that depend on this selection process could be suspended if the process is annulled by court order.

The cost of appearing in the procedure involves, in practice, having legal representation and a court agent, with the associated costs. Not appearing, on the other hand, can mean losing the ability to influence the outcome of the challenge.

Who does it affect?

• Local administration civil servants who applied for the selective tests for access by internal promotion to the Local Administration Secretary sub-scale, senior category, with national qualification.
• Candidates who appear in the final list of admitted candidates approved by Order TDF/710/2026.
• Candidates who were excluded in that same final list and who believe their exclusion was incorrect.
• Local administrations that have secretary positions linked to this selection process and whose staffing may be affected by the outcome of the challenge.
• Legal advisors and human resources managers of municipalities and provincial councils that manage positions with national qualification.

Practical example

Imagine that a local administration civil servant was admitted in the final list of Order TDF/710/2026 and is preparing for the tests. When this service of process is published on 28 September 2026, they have 9 days to appear in Abbreviated Procedure 137/2026 before the Central Court of First Instance, Administrative Law Section, Plaza no. 10.

If they do not act within that deadline and the court later upholds COSITAL's challenge and annuls Order TDF/710/2026, that civil servant will not have been able to argue anything in their defense during the judicial process. Appearing allows them, at least, to be a party to the procedure and present arguments to maintain the validity of their admission.

The same applies to an excluded candidate who believes their exclusion was incorrect: COSITAL's challenge may be the way for the court to also review their situation, but only if they appear within the established deadline.

What should interested parties do now?

1. Verify if you participated in the selection process regulated by Order TDF/710/2026 (access tests by internal promotion to the Local Administration Secretary sub-scale, senior category, national qualification) as admitted or excluded.
2. Consult with a lawyer specializing in administrative law to assess whether you have a legitimate interest in appearing in Abbreviated Procedure 137/2026 and what position is best for you to adopt.
3. Act within the 9-day deadline from 28 September 2026 (approximately 7 October 2026). After that deadline, you will not be able to join the procedure as a party.
4. If you are a local administration with secretary positions linked to this selection process, inform your legal department so they can assess the advisability of appearing and monitor the status of the procedure.
5. Follow the status of the challenge at the Central Court of First Instance, Administrative Law Section, Plaza no. 10, to learn about the outcome and its effects on the selection process.

Official source

Consult complete regulation at official source

Disclaimer: 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-2026-20148