Justice recognizes a civil guard from Costa Teguise the right to work as a DJ

The Superior Court of Justice of Madrid annuls the resolution of the Ministry of the Interior and authorizes the compatibility of his public function with artistic performances in shows

May 18 2025 (19:55 WEST)
Updated in May 18 2025 (19:55 WEST)
Exterior area of the Civil Guard of Costa Teguise Photos: José Luis Carrasco
Exterior area of the Civil Guard of Costa Teguise Photos: José Luis Carrasco

The Superior Court of Justice of Madrid has upheld the contentious-administrative appeal filed by a civil guard stationed in Costa Teguise, against the resolution of the Ministry of the Interior that denied his request for compatibility to practice a second activity as a DJ. The ruling, dated December 4, 2024, recognizes his right to develop this artistic activity privately, provided that he respects his obligations and schedules as a public official.

The case dates back to a resolution issued on June 3, 2024 by the Undersecretariat of the Ministry of the Interior, which refused to grant compatibility on the grounds that the agent's remuneration —specifically the specific supplement received for his position— exceeded the limit of 30% on his base salary, which, according to current regulations, would prevent the exercise of a second private activity.

However, the Contentious-Administrative Chamber of the TSJM, in line with recent jurisprudence of the Supreme Court, has considered that the analysis of this supplement should focus exclusively on the part directly related to the characteristics of the job —such as its danger or arduousness— and not include other general components that may distort the calculation. In this case, the court concludes that the remuneration received by Paniagua Chellaf does not exceed that threshold of 30%, which allows compatibility to be authorized.

The ruling emphasizes that the recognition of the right to practice as a DJ is conditional on strict compliance with his duties as a civil guard, without the new activity affecting his working hours or the performance of his public functions.

In addition, the court imposes the costs of the process on the defendant Administration, up to a limit of 500 euros, and leaves open the possibility of appeal in cassation to the Supreme Court.

This ruling sets a relevant precedent for other officials who wish to combine their work in the public sector with private activities, especially in the artistic field, and reinforces the flexible interpretation of legal limits when dedication to public service is not compromised.

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