Supreme Court Orders Expansion of Temporary Justice Staff Positions in State Stabilization

Key data

Temporary staff in the Justice Administration who were left out of the public employment stabilization offer now have judicial backing to demand their inclusion. The Third Chamber of the Supreme Court, in a ruling of July 2, 2026, has partially upheld the administrative litigation appeal 1/174/2024 filed by the Temporary Justice Staff Union in Action, declaring the partial nullity of the Royal Decree 1227/2023, of December 27.

The challenged decree approved the public employment offer corresponding to the additional stabilization rate in the General State Administration, provided for in article 217 of Royal Decree-Law 5/2023, of June 28. The Supreme Court's ruling determines that this decree was null in the part that did not include certain temporary staff positions, thus correcting an exclusion that the appellant union considered contrary to law.

What does this ruling establish?

The ruling resolves a substantive conflict: whether certain positions held by temporary Justice staff should or should not be included in the stabilization offer approved by Royal Decree 1227/2023. The Supreme Court rules—in part—in favor of the appellant union and declares the decree null on that specific point.

The direct legal consequences are as follows:

• The positions of temporary Justice staff improperly excluded must be incorporated into the public employment stabilization offer of the AGE.
• The affected temporary workers acquire the right to participate in stabilization selection processes that were previously denied to them due to their exclusion from the decree.
• Royal Decree 1227/2023 is modified in its scope in the part declared null, although the rest of the decree remains in force.
• The ruling does not impose costs on either party.

It is relevant to note that the ruling upholds the appeal in part, which means that not all of the union's claims were accepted, but those relating to the inclusion of excluded positions were.

Operational and HR impact

For the General State Administration, this ruling has direct implications for human resources planning. Personnel units and HR managers of affected organizations will need to review which temporary Justice staff positions were left out of the stabilization offer and proceed with their incorporation.

Beyond the specific case, the ruling has a precedent effect that may have broader reach:

• Precedent effect: It may open the door to similar claims from temporary staff in other areas of public employment who have also been excluded from stabilization offers.
• Review of selection processes: Stabilization processes already announced or underway will need to be reviewed to verify if they include all positions that the ruling requires to be incorporated.
• Budget planning: The incorporation of new positions into selection processes may require adjustments to staffing forecasts and costs associated with selection processes.
• Litigation risk: Other unions or groups of temporary staff in analogous situations may use this ruling as a basis for filing similar appeals.

Who does it affect?

• Temporary staff in the Justice Administration excluded from the stabilization offer of Royal Decree 1227/2023 who wish to participate in stabilization selection processes.
• HR units of the General State Administration responsible for managing stabilization processes and public employment offers.
• Staffing planning managers in AGE organizations that have temporary staff in the Justice field.
• Unions and personnel representatives in the public sector managing groups of temporary staff in similar situations.
• Legal and labor advisors specialized in public employment who advise administrations or temporary workers.
• Other groups of temporary staff in different areas of public employment who may find themselves in a situation analogous to that resolved by this ruling.

Practical example

A temporary Justice staff member who had been occupying a position in the General State Administration for several years and who, when Royal Decree 1227/2023 was published, found that their position was not included in the stabilization offer, was excluded from the stabilization selection processes announced under that decree.

Following the Supreme Court ruling of July 2, 2026, this temporary worker has judicial backing to demand that their position be incorporated into the stabilization offer. This grants them the right to participate in the corresponding stabilization selection process, under the same conditions as other temporary staff included from the beginning. If the administration does not proceed with that incorporation, the temporary worker—or the union on their behalf—can request enforcement of the ruling before the Supreme Court itself.

What should administrations do now?

1. Identify affected positions: HR units must review which temporary Justice staff positions were excluded from Royal Decree 1227/2023 and are covered by the Supreme Court ruling.
2. Incorporate positions into the stabilization offer: Proceed with the modification or expansion of the public employment offer to include the positions declared improperly excluded, in compliance with the ruling.
3. Review ongoing selection processes: Verify if stabilization processes already announced must be adapted to accommodate temporary staff who now have the right to participate.
4. Assess the risk of additional litigation: Analyze whether there are other groups of temporary staff in analogous situations who may file similar appeals, and anticipate possible impacts on staffing planning.
5. Consult with specialized legal counsel: Given that the ruling upholds the appeal only in part, it is necessary to precisely define the exact scope of the nullity declared to avoid errors in enforcement.

Official source

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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-2026-15741