Reflections on the legitimacy to initiate the appeal

Abstract

In the present paper, we propose to analyse whether an agent linked to the National Public Administration by a public employment re-lationship that is not in the permanent establishment and who has been sanctioned has the right to initiate the direct judicial remedy prescribed in article 39 of the annex to the Framework Act on the Regulation of National Public Employment No. 25,164 (LMREPN) and the questions that arise with regard to the effects of empowering such standing.This, taking into account, on the one hand, that the aforementioned rule expressly provides that when sanctions are applied to “staff pro-tected by stability”, the latter may have recourse to the aforementioned means of challenge, as an option excluding the ordinary administrative procedure; and, on the other hand, the PROCURATION OF THE TREASURE admitted in Opinion 300:206 (14. 3. 2017) the application of the disciplinary regime for officials who are linked in accordance with the procedures provided for in the second paragraph of article 27 of Act No. 25,164.In view of the obvious contradiction between the two precepts from the point of view of the constitutional guarantee of equality, we believe it necessary to focus on the issue of active legitimacy to initiate the aforementioned judicial remedy.