La cláusula 5 del Acuerdo Marco anexo a la Directiva 1999/70/CErecepción de la jurisprudencia europea en la interna, primacía del Derecho de la Unión y tutela judicial efectiva

Abstract

The reading of clause 5 of the Framework Agreement annexed to Directive 1999/70/EC carried out within the CJEU in relation to measures to sanction abuse in successive temporary contracts in view of the inaction of our legislator for decades, has forced our internal jurisprudence to reformulate recently its interpretation by means of conformal interpretation. In this work, and after analyzing the different readings, we are asked serious doubts regarding the conformity or not of the interpretation made in the Supreme Court from the perspective of the necessary primacy of EU law, more in the case of contentious-administrative jurisdiction. In this scenario, and in the event of understanding that this basic principle had not been respected, we propose the possible options for, where appropriate, an adequate reparation of the right to judicial protection of the individual.