Legal Challenge Against Secretary-Intervention Appointments 2026: What Affected Parties Must Do

Key data

If you are a civil servant appointed under the Order TDF/168/2026, of 2 March 2026, or participated in the temporary employment stabilization process of the Secretary-Intervention Sub-scale, your appointment is under judicial challenge. The administrative litigation case 1574/2025, filed by Lourdes Polo Cuartero before the National Court (Administrative Litigation Chamber, Seventh Section), directly questions the legality of those appointments. The General Technical Secretariat of the Ministry for Digital Transformation and Public Function published the service notice in the BOE of 26 September 2026, in compliance with article 49 of Law 29/1998, on Administrative Litigation Jurisdiction. The deadline to act is short: 9 business days.

What does this regulation establish?

The Resolution of 23 September 2026 is a judicial service notice, not a substantive regulation. Its function is to notify all potentially interested parties—through publication in the BOE—that an administrative litigation case is underway that may affect their rights and interests, and that they have a legal deadline to appear before the court.

Case 1574/2025 challenges the Order TDF/168/2026, of 2 March 2026, which appointed civil servants in the Secretary-Intervention Sub-scale within the temporary employment stabilization process regulated at the national level. This stabilization process was the mechanism used to regularize the situation of thousands of temporary public employees in Spain following the reform of the Basic Statute of Public Employees.

The service notice is published under article 49 of Law 29/1998, which requires the defendant Administration to notify those who may be affected by the judicial resolution, so they can appear and defend their interests in the proceedings.

Economic and operational impact

The impact of this case is not insignificant. If the National Court were to uphold the case and annul Order TDF/168/2026, civil servants appointed under that order could see their status as career civil servants revoked, with all that entails: loss of position, possible reimbursement of excess remuneration received and return to interim status or exclusion from active service.

For local entities that have these civil servants on their payroll, a possible annulment would generate an unexpected vacancy in a Secretary-Intervention position, with the operational consequences that entails: need for urgent coverage, possible liabilities in local economic management and risk of paralysis of administrative acts requiring intervention by this body.

From the perspective of the affected civil servant, appearing in the case is the only way to actively defend their appointment and be a party to the judicial proceedings, being able to submit arguments and evidence in their favor.

Who does it affect?

• Career civil servants appointed under Order TDF/168/2026 in the Secretary-Intervention Sub-scale, whose appointment is directly challenged.
• Participants in the temporary employment stabilization process of the Secretary-Intervention Sub-scale who may have a legitimate interest in the outcome of the case (for example, applicants who did not pass the process or who were in uncovered positions).
• Local entities (municipalities, associations of municipalities, minor local entities) that have their Secretary-Intervention positions filled with civil servants appointed under the aforementioned Order, whose operational stability depends on the outcome of the litigation.
• Legal advisors and human resources managers of local administrations who must assess the risk and, if necessary, prepare contingency plans.

Practical example

Imagine you are a career civil servant appointed under Order TDF/168/2026 for a Secretary-Intervention position in a municipality with fewer than 5,000 inhabitants. The BOE of 26 September 2026 publishes the service notice for case 1574/2025. From that day, you have 9 business days—not counting Saturdays, Sundays or national holidays—to go to the National Court and appear in the proceedings as an interested party.

If you did not appear within that deadline, the proceedings would continue without your active participation: you could not submit arguments or provide evidence in defense of your appointment. In the worst scenario—upholding of the case—the court could annul Order TDF/168/2026 and, with it, your appointment as a career civil servant, without having had the opportunity to defend your position in the proceedings.

Appearing in the case, on the other hand, makes you a party to the proceedings, with all the rights that entails: access to the file, possibility of submitting arguments and appealing intermediate resolutions or the final judgment.

What should affected parties do now?

1. Verify if you were appointed under Order TDF/168/2026: Check your appointment resolution. If it expressly cites Order TDF/168/2026, of 2 March 2026, you are directly affected by case 1574/2025.
2. Calculate the 9 business day deadline: The count starts on 26 September 2026 (date of publication in the BOE). Exclude Saturdays, Sundays and national holidays. Act with margin: do not wait until the last day.
3. Contact a lawyer specialized in Administrative Law: Appearing before the National Court requires representation by a court agent and defense by a lawyer. Initiate contact immediately given the tight deadline.
4. Appear in the proceedings before the National Court, Section 7th: Your legal representation will file the appearance document in administrative litigation case 1574/2025 within the legal deadline.
5. If you are responsible for HR in a local entity: Identify which Secretary-Intervention positions in your payroll are filled with civil servants appointed under Order TDF/168/2026 and assess with legal advice the operational risk in case of a possible annulment.
6. Monitor the judicial proceedings: Once you have appeared, maintain fluid communication with your legal representation to know the status of the case and act on any intermediate resolutions.

Official source

Consult complete regulation in official source (BOE-A-2026-19998)

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-2026-19998