The Social Security has lodged an appeal to the sentence that gave the reason to the writer and journalist Javier Martínez Reverte (Madrid, 1944). This ruled that it is not incompatible to collect the benefits of your copyright and the retirement pension as a retired worker, in a gesture that was experienced as a great relief among the large group of retired authors that were required, in 2015, to return the pension received for several years.
Social Security suspended Martinez Reverte payment of retirement pension and also sued the income of recent years. The fine that the author had to pay amounted to 151,000 euros (121,000 euros plus 30,000 of a year's pension). The judge, however, pointed out that to consider it a self-employment, the accomplishment of some artistic, intellectual, scientific work should be demonstrated … and "none of this has been proven in the present procedure".
"The legal services are obliged to appeal to a higher court judicial decisions that may entail a reduction of their rights to the public administration," explained from sources of the Ministry of Labor, Migration and Social Security to justify the recourse to the decision of the judge Arturo Rodríguez Lobato. In short, it is about the interests of the State coffers.
This decision comes in apparent collision with the public pronouncements of the Ministry of Culture in favor of taking forward the call Statute of the Artist, legislative reform promoted by the Government to translate the historical claims of the creators and that it considers as good the simultaneous collection of the author's rights and the retirement pension. That norm was approved unanimously in the Congress of Deputies on December 28 and there is time to approve it before the general elections on April 28. From Culture prefer not to make statements about this apparent contradiction.
For its part, sources from the Ministry of Labor, Migration and Social Security point out that "the infraction report referred to in that judgment was not an initiative of this Government", the socialist of Pedro Sánchez, but of the former ", the PP by Mariano Rajoy.
The announcement of the electoral advance left in the air the development of the controversial article 193 that would make compatible to charge the author's rights and the retirement pension. Despite this, sources involved in the approval of the standard ensure that the process is very advanced and that Employment could show a draft of the article to Culture to take it to the next Council of Ministers.