-90and will subsequently conduct such analysis following the organization or grouping of
these judgments adopted in the chapter of Proven Facts (supra para. 204).
227. On the other hand, as regards the determination of the alleged victims, the
Court indicates that, during the course of the proceedings, both the Commission and
the common intervener have accepted that there are persons that are actually
included as beneficiaries in the orders of appeal for legal protection, yet they were
excluded from the list of alleged victims by mistake. In this regard, the Court
establishes that the alleged victims in the instant case comprise all persons in favor of
whom orders for legal protection were issued, as specified by name in said orders.
Furthermore, where the names of these persons are not indicated in the orders, and
instead are referred to as “the plaintiffs” or “the claimants”, the Court deems the
persons who filed the complaints or the petitions for an appeal for legal protection to
be alleged victims and will obtain their names from the petitions for appeals for legal
protection filed by the plaintiffs. In addition, the Court considers as alleged victims
those persons who, not being plaintiffs themselves, have their rights protected by
some judgments.
228. When referring to each group of orders for appeal for legal protection, the
Court will indicate the persons who are alleged victims, for which purpose an appendix
listing these persons is attached hereto and made a part hereof. In addition, the Court
has noticed that there are persons who are alleged victims in several orders of appeal
for legal protection concerning redundancies or dismissals, the names of whom the
Court has put on record in the aforementioned Appendix, without excluding any of
them.
A)
Judgments with respect to dismissals as a result of staff assessment or
by reason of redundancy
229. This group of judgments comprise three judgments rendered by the Salas
Especializadas en Derecho Público (Chambers Specialized in Public Law)164 and two
decisions handed down by the Tribunal Constitucional (Constitutional Court), 165
declaring the Mayoral Resolutions that ordered dismissals as a result of staff
assessment or by reason of redundancy inapplicable (supra paras. 204(15), 204(16),
204(17) and 204(22). The judgments rendered by the aforementioned Chamber
ordered the reinstatement of the plaintiffs to their customary jobs or positions (supra
paras. 204(15) and 204(22), and the judgments rendered by the Tribunal
Constitucional (Constitutional Court) ordered the reinstatement of the plaintiffs “to
their jobs or similar positions, without pay for the period not worked.” (supra para.
204(16) and 204(17).
230. This Court notes that, with respect to the compliance with the aforementioned
orders of appeal for legal protection issued by the Sala Corporativa Transitoria
Especializada en Derecho Público (Corporate Provisional Chamber Specializing in
Public Law) on September 23, 1998 and June 23, 1999, and by the Tribunal
Constitucional (Constitutional Court) on August 20, 1999, the court in charge of their
enforcement directed the municipality to comply with the back pay order (supra
paras. 204(19) and 204(23)). As regards the enforcement order of the
164
Judgments rendered on June 6, 1997, September 23, 1998 and June 23, 1999.
165
Judgments rendered on April 9 and August 20, 1999.
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