The issue of temporary staff in public health care and the effectiveness of care. Dysfunctions that will not be solved by the Court of Justice of the European Union

Abstract

The process of consolidating the employment of interim heath staff in 2001, shortly before the disappearance of the former INSALUD and the transfer of powers to the Autonomous Communities, is an exceptional historical milestone. The rule is given by the accumulation of staff who spend long periods under this precarious status due to the lack of stability, and expressed in various forms of differential treatment compared to permanent staff. For years, numerous pressures have been exerted on a legislator (state and regional) unwilling to put an end to these advantageous but clearly irregular situations, by using temporary employment to cover permanent needs. Nor has the case law been favourable to the interests of those concerned in the application of the law. The ultimate appeal to the Court of Justice of the European Union has been a further setback because, as described in the essay, it has returned such a thorny issue to the Spanish State. In the background, the efficacy of the National Health System.