Dubious location of civil servant agreements in the system of sources

Abstract

The article deals with the difficult location of civil servant agreements in the light of Article 38 of the revised text of the Statute of Civil Servants, as it implies the possibility of inversion in the hierarchical order in the regulatory pyramid between civil servant agreements and regulatory rules. This situation is used as an opportunity to investigate the constitutional doctrine on the nature of civil servant agreements, pacts and covenants in order to establish their specific location, which will depend on the existing relationships not only between rules, but also between the constitutional principles of distribution of competences and hierarchy.

Keywords:

Civil servant agreement, basic legislation, implementing legislation, principle of distribution of competence, principle of hierarchy, flexible relationship between State and Autonomous Community legislation, mediate or indirect unconstitutionality