The EBEP and the legal consequences of the decision adopted by of the autonomous parliaments to apply it

Abstract

The EBEP, approved both by Law 7/2007, of April 12, and by Royal Legislative Decree 5/2015, of October 30, established that its provisions will only be applied directly, when its specific legislation so dictates, to certain personnel, between which is the one of the legislative assemblies of the autonomous communities. This raises various situations, theoretical and practical, which arouse controversy. Among them, we can gather, among others, what we should understand by specific legislation for the application or not of the EBEP, the necessary normative range of the autonomous parliaments to apply said Statute. We also face in this article the legal consequences of the decision adopted by the regional chambers regarding art. 4 a) on the application or not of the Statute as well as the legal limits that these assemblies have for those cases in which it is decided not to apply it