The Supreme Court has rejected the appeals against the Government's decision to raise the Interprofessional minimum wage (SMI) to 900 euros, which represented an increase of 22%.

The Contentious-Administrative Chamber responds to the four appellants - related to the agricultural sector - that such a decision has a political nature and is not reviewable by the courts.

The magistrates consider that the Government issued the royal decree last December in accordance with the power recognized by the Workers' Statute.

This rule establishes that, after consultation with trade union organizations and business associations, the Executive will set the SMI annually, "taking into account" criteria such as the consumer price index, productivity, the increase in labor participation in national income and the general economic situation.

The ruling underlines that "taking into account" reflects that it is "a prudential decision due to its scope, but of a political nature in terms of relevance and its success or failure".

Once these elements set out in the Workers' Statute have been taken into account, the Government can exercise its "function of political leadership" and prioritize some objectives over others.

"What can be criticized for excess or defect," the court specifies, "will be politically and not legally valuable."

At this point, the court expressly mentions article 35.1 of the Constitution, which indicates that all Spaniards have the right to receive for their work "sufficient remuneration to satisfy their needs and those of their family."

The magistrates acknowledge that the establishment of the SMI may have some control by the courts, which can detect "possible excesses or breaches that the Government could have incurred when making the decision."

These controls affect aspects such as the annual time limit or the obligation to consult the most representative union and business organizations.

The ruling, with a presentation by magistrate

José Luis Requero

, affirms that the amount by which the SMI was increased is not an exact binding mathematical calculation obtained from the criteria that the Statute indicates that must be assessed.

Proof of this is that reference is made to the economic situation, an "objective criterion, open to an assessment of opportunity."

Also by the mere fact that its fixation is preceded by negotiations.

Finally, the court rejects the petitioners' claim that a report from the Council of State should have been obtained.

Remember that "in the entire historical series of decrees and royal decrees setting the SMI" that opinion has never been requested and that has not generated any litigation.

Thus, it dismisses the appeals in which Erilla Fruit, Agrobionest, Agro Jabonero and Sat Costaluz claimed the nullity of the royal decree and, therefore, of the increase in the SMI.

According to the criteria of The Trust Project

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