The court in Barcelona approved the call of the Ministry of the Interior, which allowed Eduard Sallent to be appointed by the oldest of the Mossos -D’Skvadra, since the SER network advanced and was able to confirm the ACN agency. The judge rejected the two resources from the Autonomous Police Union (SAP) and the Professional Association of Catalan Police Managers (Copcat).
The process of disinfecting, which began with the previous Government of the ERC shortly before the end of the election campaign of May 2024, was detained by a court order in accordance with the preventive methods, although the cabin has already completed the mandatory course.
The sentences claim that it is the law that establishes that access to the main category is carried out by a free designation system among the commissioners of the body and, therefore, “this does not concern an administrative decision, but legislative.”
He also claims that the contested call determines the necessary requirements or conditions in order to strive for the greatest position in the Mossos. All conditions of candidates ongoing, relate to the concepts of merit and potential, because “the presence of a certain category in the body and stay in the actual service is the circumstances that reveal a certain set of virtues and opportunities with which the administration chooses subject to the selective process.”
In the case of the main call, it is emphasized that other additional evidence and tools could be included to determine the advantages and capabilities of the applicants, “but they could not stop included in themselves those who were granted”, such as the suitable for suitability and overcoming the adaptation course, to a large extent, legislative decision.
In this regard, he notes that the problem can be raised about whether the system of free designation is sufficient to ensure the highest position, but emphasizes that the legislator has chosen this system, “therefore the decision to use or use the other goes beyond the discretion of the administration.” What will be subject to discretion continues, there will be an assessment of the advantages of candidates that meet the requirements of the call, but not by the call of a free designation system.
As for the interview, which was held with both candidates, Alicia Moriana and Eduard Sallen, the judge indicates that this did not appear when calling, but understands that this may be required outside the call to “be able to release a report on suitability. “This is a means of knowledge for the one who should release a suitability report, and not a selective test,” he establishes.
The judge notes that a true contradictory problem is a discretional assessment of the not indicated virtues in the call. He argues that when calling for free purposes, it is necessary to indicate only the requirements, but not dignity, as should be done in the competition.
