Toward a correct interpretatiton of article 151 of the administrative statute

Abstract

We analyze the interpretation the Supreme Court gives to Article 151 of the Administrative Statute, on the declaration of vacancy of a public job due to health incompatibility, after examining the sentences handed down by it on the matter during the year 2022. Then, we analyze an alternative interpretation, which we deem to be the correct one; and we detail the defects that, in our opinion, have the currently applied criteria.