RCA225. Ministry of Justice. Distribution of productivity supplements and other performance incentives

ABSTRACT

Claim against denial of access to the distribution of the productivity supplement and other performance incentives.

The Federation of Public Services of UGT submitted a letter to the Ministry of Justice requesting the distribution criteria on allocation of the productivity supplement established for the year 2019 and 2020 in the Ministry, as well as the amounts satisfied for productivity and extraordinary bonuses.

The Administration denied access on the grounds that, by virtue of its status as a Trade Union, the information sought must fall within the scope of the labor relations maintained between the representatives of the workers and those responsible for the Department, protected by the current regulations, that is, Organic Law 11/1985, of 2 August, on Freedom of Association, the Basic Statute of the Public Employee, the Statute of the Workers and Law 30/84, of 2 August, on measures for the Reform of the Public Service.

When the complaint was filed, the Council of Transparency and Good Governance considered it, since it is a doctrine established by the Supreme Court, in its Judgment 3195/2020, of October 15 (ECLI: ES:TS:2020:3195), that the Basic Statute of the Public Employee does not contain a specific access regime.

Resolution of the Council on Transparency and Good Governance (274 KB)

Judgment No 107/2022 of the Central Administrative Court No 6 (126 KB)

Judgment in Appeal No. 79/2022 of the Administrative Litigation Division, Seventh Section of the National High Court (400 KB)

The Supreme Court has accepted the cassation appeal filed by the Council of Transparency and Good Governance.

The Supreme Court considers that the issue raised in the appeal presenting objective casational interest for the formation of jurisprudence consists of determining whether, in accordance with the existing regulations contained in Article 23.3 c) of Law 30/1984, of 2 August, on measures for the reform of the Public Service, Final Provision 4.3 of Royal Legislative Decree 5/2015, of 30 October, approving the Consolidated Text of the Law on the Basic Status of the Public Employee, as well as in Article 15.3 of Law 19/2013, of 9 December, on transparency, access to public information and good government, the public representatives have access to information.

Order of TS 906/2025 for the admission of the cassation appeal (92 KB)