The Administrative Chamber of the Supreme Court, in a ruling dated March 19, has established a significant precedent for members of law enforcement who wish to pursue artistic or private activities. The decision recognizes the right of an officer stationed at the Vecindario Main Post to work as an actor, as long as he complies with his work schedule and responsibilities and does not participate in matters related to his public function.
This ruling creates jurisprudence and could influence other pending cases, such as that of an officer from Costa Teguise who requested compatibility to continue his career as a professional DJ. Although the High Court of Justice of Madrid initially ruled in his favor, the State Administration has appealed the decision to the Supreme Court.
The initial refusal of the Ministry of Interior, dated July 8, 2024, to the Vecindario officer's request was based on his failure to previously request a reduction in the singular component of the specific supplement (CES), which would exceed 30% of his basic remuneration. However, the court, with magistrate José Ramón Giménez Cabezón as rapporteur, considered that the request should not be dismissed on this ground, as the appellant asked to practice private activities "without prejudice to previously requesting the corresponding reduction of the CES".
It has not been proven, nor even alleged, that any of the circumstances preventing it concur, so, in principle, there would be no impediment to its exercise, especially considering that this court's ruling already requires a series of limitations on the exercise of the authorized private activity.
The Chamber emphasizes that the officer's private activity is not directly linked to public service and that Organic Law 2/1986 on State Security Forces and Corps allows for exceptions to labor incompatibility. The acting profession is not among the prohibited activities for law enforcement members. The ruling stresses that his work as an actor must not alter his schedule or compromise his impartiality, and that the authorization would be revoked in the event of a change of position in the public sector.
Despite this, administrative reports indicate that the officer's annual singular CES component would exceed 30% of his basic remuneration. Therefore, compatibility is conditional on the officer requesting and obtaining the legal reduction of said supplement through administrative channels.
