The Contentious Chamber admits for processing the appeal of the colonel of the Civil Guard against the sentence of the Court that gave reason to the Interior
The Supreme Court will review the removal of Civil Guard Colonel Diego Pérez de los Cobos as Colonel-in-Chief of the Madrid Civil Guard Command by the Ministry of the Interior, Fernando Grande-Marlaska. The Contentious-Administrative Chamber has admitted his appeal against the ruling of the National Court, which in September 2021, declared it in accordance with law. The content of the admission order will be known in the coming days, the high court reported on Wednesday.
That sentence gave reason to the State Attorney, which acted on behalf of the Interior, which meant revoking that of the Central Contentious Court number 8 that in March had annulled the administrative resolution of the Secretary of State for Security, Rafael Perezand its confirmation by the Minister of the Interior himself, Fernando Grande-Marlaska.
The National High Court invoked other resolutions to point out the applicable rules and the criteria that have been followed in previously resolving challenges to dismissals and appointments to freely designated posts in the Civil Guard. In them it distinguishes between suitability for the position, which in the case of Pérez de los Cobos is not discussed, and the trust placed by the authority that made the appointment at the time and that, given the loss of said confidence, it orders the cessation, and in this last case the reasons for the loss of confidence must be stated.
In its latest resolutions, the Third Chamber of the Supreme has revoked the appointment of Eduardo Esteban as prosecutor of the Juvenile Chamber for lack of motivation of the criteria that had led to the State Attorney General, Dolores Delgadoto elect him, when the other candidate had a specialization in the subject.
sufficient motivation
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The National Court at the time held that once “the existence of a misuse of power has been ruled out, it is verified that the decision to dismiss Pérez de los Cobos” has sufficient grounds, given that the loss of confidence is due to not reporting the development, not for not reporting the content, investigations and actions carried out by the Civil Guard; “All of this, in the broad and, at times, confusing operational and Judicial Police framework,” the resolution pointed out in reference to a judicial investigation in which the then Government delegate in Madrid was charged, Jose Manuel Franco.
The sentence, moreover, denied the colonel’s claim to return to the post at the head of the Civil Guard Command in Madrid: “Having broken trust, the declaration of reincorporation to the destination does not make sense, keeping the interested party in it and imposing a sustained professional relationship, in addition to regulated reasons (suitability), also, in that subjective circumstance, as we have stated, it is In other words, due to the loss of trust, a quality that accompanies and mediates the appointment to said position and destination & rdquor ;.