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The High Court of Justice of Madrid orders the Civil Guard to respect the jurisprudence of the Supreme Court and adequately pay productivity to its guards. A recent ruling that could affect 20,000 agents, reiterates what the Supreme Court already said in 2021, when it said that the complement of the so-called "structural productivity" should be set according to a specific annual increase.

Without going into much detail about the complicated payrolls of the Ministry of the Interior, basically what happened was that the agents were perceiving a structural productivity that did not correspond to what they deserved, but was lower.

Once the Supreme Court established jurisprudence, the Civil Guard has continued to fail to comply with those increases it should, and precisely the resource of several guards assigned to the command of Vizcaya is what it could now do could make up to 20,000 agents entitled to receive an average of 1,300 euros more in arrears.

The ruling, dated March 30, explains that the State Attorney was opposed to raising that structural productivity. The reason is that there is another productivity in the payrolls called "productivity by objectives", which depends on the budgets of the Civil Guard leaving a remainder with which to pay it. According to the State lawyer, if money from the budget were used to increase that structural productivity, there would be no money left to pay for productivity by objectives. And in any case, he argues, if it were paid in that way it would be what was eaten for what was served, since what would be overcharged by one party would no longer be charged by the other.

However, the magistrates answer to Interior that it is not a problem of the courts to fix the budget of the Administration. They also remember that it is their duty to have enough money to pay for structural productivity and that of the objectives. In the estimation of this appeal against the General Directorate of the Civil Guard, the judges recognize the right of the appellant to receive 1,290.39 euros in concept of structural productivity left to receive since 2017, including legal interest.

In addition, it orders the Administration to pay the costs with a limit of 500 euros. That is, there could be up to about 1,800 euros of expenditure for each agent who resorts to this productivity to which he is entitled.

The lawyer who has filed the appeal on behalf of the agents, Antonio Suárez-Valdés, explains that "the Ministry of the Interior, in manifest rebellion with the jurisprudence of the Supreme Court on the matter, had been refusing to pay the complete salary update corresponding to the productivity received by the civil guards, with the increase experienced by the destination complement, claiming that part of that supplement was not updated". Suárez Valdés recalls that "the General Directorate of the Civil Guard paid a part of the arrears owed, but at the same time refused to pay another part of the increase that corresponded to them" to the agents.

  • Supreme Court
  • Ministry of the Interior
  • Biscay
  • Civil Guard
  • Justice

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