The courts ultimately annulled the appointment.arbitrary” of four vacant positions in the Unit attached to the Generalitat Valenciana of the National Policea new hard blow from the judges to the Minister of the Interior Fernando Grande Marlaska for his particular style in choosing police commanders.
THE Second Contentious Chamber of the Superior Court of Justice of the Valencian Community upheld the appeal filed by the Jupol union against these appointments and annulled the resolution of the Generalitat Valenciana. The process will have to start again when the sentence is final.
Furthermore, it imposes “the costs borne by the defendant administration“, that is to say the General Directorate of Police and the Ministry of the Interior, as specified in the resolution published on September 26 and consulted by EL ESPAÑOL.
This is the second judgment of the Superior Court of Valencia which calls into question the appointments of this Attached Unit. A few months ago, she supported another appeal filed by Jupol regarding a series of Group management positions that had been awarded by hand, without the insightful public appeal.
Marlaska’s appointments, both in the Civil Guard and the National Police, were controversial and censored.
Last June, the Supreme Court (TS) partially upheld the colonel’s appeal Diego Pérez de los Cobos against the royal decrees appointing three generals of the Civil Guard.
The Fourth Section of the Contentious-Administrative Chamber once again supported the demands of Pérez de los Cobos after he was dismissed by the head of the Interior in 2020.
The guard presented this appeal after the Council of Ministers reappointed last December the three Benemérita generals whose appointment had already been questioned before.
Today, the TSJ of Valencia agrees with Jupol for the second time and cancels the four hand-picked service commissions. For this reason, the nominations to occupy the positions of chief inspectors of the unit attached to the Generalitat Valenciana are canceled.
The positions concerned by this judicial resolution are those of deputy to the Head of Unit, Provincial Head of Castellón, Provincial Head of Alicante and Head of the Office of Complaints and Assistance to Victims of Gender Violence.
The sentence is not final and can be appealed to the Valencian TSJ or directly to the Supreme Court.
Appointments
“the name of the principal inspectors seconded“.
The order was given despite the fact that there was “no appeal procedure nor any respect for the general principles of any competition to fill vacant positions”, nor a justified emergency or circumstances which support a lack of publicity and transparency such as the following“.
The Administration opposed it and defended that it had been “of a very precise hypothesisexceptional, and therefore temporary, appointments of seconded personnel in emergency situations.
The Court concludes that the case law “is clear as to the need to make service commissions known, without the urgency of filling the position being able to exclude that, provided that it is configured as guarantee of the constitutional principle of equality in access to public functions (Art. 23 EC)”.
In this specific case, “it is not controversial that there was no such publicity in the offer of the commissions, the resolution and the allocation of these being the first news that the complainant union -even had of its existence”.
This circumstance determines, underlines the Chamber, “the assessment of the appeal, without the allegations of the defendant administration having any weight to lead to a contrary conclusion, since it pits the services commission against other allocation procedures positions”. bring the debate to an issue that is actually not related to it“.
“It is not a question here of calling into question the system of granting the elected position, its suitability or its necessity”, but the publicity given to it. And this was undoubtedly insufficient and contrary to the standards cited in the previous foundation,” concludes the judgment.
“Permanent fight”
After reading the resolution, Jupol stressed that it is waging “a permanent fight against the General Directorate of Police in favor of equality and transparency in the allocation of jobs.”
“These positions must be proposed and convened in a public and transparent manner, based on the principle of equality, so that all civil servants who may be interested can opt for and participate in these positions under equal conditions,” he said. declared the organization
However, and despite decisions in this regard, “this remains common practice on the part of the police”. appoint in an arbitrary and opaque manner the officials of their interestdepriving the rest of the right
this corresponds to horizontal promotion and the constitutional principle of equality.”
According to Jupol, there are currently “two ongoing service commissions exactly the same as those requested, for which the head of the attached unit has once again manually designated two officials (a chief inspector and an inspector) without prior public call”.
It is for this reason that the organization warns that, if these new commissions are set up, their “legal services They will study the possibility of filing a complaint for administrative prevarication to those who are responsible.
