The RAE dictionary defines a ‘Trojan horse’ as “the person or thing that is introduced into a community, or a process, with the hidden intention of causing harm” and the term ‘Trojan’ as “computer virus that enters the computer and destroys everything”.
An unprecedented situation is taking place in the Public Administration since the advent of democracy, which is caused by the fact that the Public Administration -before it was a ministry and is now integrated into the Treasury- is acting as a true Trojan horse that is going to destroy the which has been established by the current professional and independent Administration. An important difference between the actions of the Civil Service and the original Trojan horse is that this was a gift from the enemy, with soldiers inside to destroy the fortress, and this one now acts from within, exercising its legal powers.
This Trojan horse called the Public Function carries three very destructive weapons in its belly: opposition access systems, internal promotion and the replacement of internal officials.
In the case of the opposition, much has been written and protested against the new system in which effort and knowledge are despised, and a leap into the void is taken by saying that skills and competencies will be valued, circumstances that are not They can be measured objectively, and that will give rise, knowing our politicians, to what is really going to be valued is the political affinity of the candidate for the position, or the existence of the godfather on duty, without complying, therefore, with the constitutional requirements of equality, merit and capacity.
The case of a relative of a Catalan politician who took an exam, and then made a miraculous leap from that exam’s grade to the final grade, thanks to an interview, has recently been known. The promoters of this new access system allege false objectives, such as democratizing opinions, understanding by “democratizing” that everyone can access without effort or difficult exams. In this way, they create false expectations that all Spaniards, through a test-type exam and a subjective evaluation of skills and competencies that, on the other hand, nobody knows what it means, will be able to be tax inspectors, notaries, judges, auditors, etc.
The second weapon hidden in the Trojan horse is the internal promotion system. On this issue, the Civil Service has joined forces with certain unions to modify the system so that officials can change from a lower body to a higher one due to mere seniority, without having to demonstrate the necessary knowledge to do so. In this way, it is intended to make believe that, for example, the 25,000 officials that the Tax Agency currently has are going to become tax inspectors, something obviously impossible. But with this theoretical gift, for the moment, affiliates and voters are achieved.
The third weapon hidden by this Trojan horse is the existence of interim officials, a figure that current regulations define as officials who, for expressly justified reasons of necessity and urgency, are appointed as such on a temporary basis -maximum three years- for the functions of career civil servants, and only when certain circumstances arise.
Reality has shown that this figure has been abused and that the regulations have been breached, because in many cases, internal officials have been there for decades and have even gone so far as to retire as interim. The European Union has called our attention to this situation, and for this reason the regulations were recently seen to make interim career officials for miles and miles. Despite this, there are more and more temporary workers, and in this way another form of access to the Administration is being consolidated, since, in one way or another, these will be career civil servants without having approved the opinion.
And there is still more, and it is that it is intended to generalize the system by introducing this type of officials in organizations and bodies in which their existence is not justified, as is the case of the Tax Agency. It should be remembered that calls have already been published, such as the Treasury Technical Corps, in which, for the first time, the opposition courts are forced to draw up a list of opponents who have not approved, in order to subsequently appoint them as interim officials.
They want to go so far that, in these calls, apart from not justifying the reason for the need or urgency required by the regulations, the requirement demanded in the Public Employee Statute that the exercise of the functions that imply the exercise of of public powers must be exercised by career civil servants, and, therefore, interim civil servants cannot be appointed in bodies such as the Treasury Inspectorate or the Labor Inspectorate.
It is surprising that the Tax Agency is silent in the face of this situation and does not exercise the independence granted by its creation law and which expressly states that the AEAT “will automatically prepare and approve your offer of public employment and the access regime, to the Bodies or , to the Bodies or Scales and Specialties that are assigned to it, include the requirements and characteristics of the tests to access them according to their operational needs, the existing vacancies in their list of jobs and their budgetary availability.
If someone considers that what has been stated above is an exaggeration, they only have to examine the calls for opinions that are being published in the BOE, as well as the content of the preliminary draft of the Public Function Law presented a few days ago by the Government, in which reflection of creating some of the measures discussed here, and other new ones, such as the authorization given to the Government so that within a period of six months it can carry out a systematization of the bodies and scales, ordering them into subgroups, and modifying the existing ones such an object. Of course, it is said that in the future these modifications can only be made by law. Who knows what they have in mind with this measure!
It seems unbelievable that the Civil Service has not put a remedy in recent years to the ills that afflict the Public Administration, being the main responsible for an evident lack of planning of the necessary human resources, and that now, to remedy these ills, invent measures that will end a professional and independent public administration, as we know it now.
Given the seriousness of the situation and the attitude of the Civil Service, which avoids meeting with the parties to whom these measures mainly improve – which confirms their contempt and indifference to the opinions against many sectors of society -, the only thing left to do is unmask his true intentions in the media and before public opinion, and, furthermore, win the issue in court, given the cascade of appeals that have been filed, and that will continue to be filed in the future. A mess of this magnitude does not allow other reactions.