The Supreme Court (TS) once again canceled an appointment within the Civil Guard, leaving without effect – at the request of an appeal from Colonel Diego Pérez de los Cobos – the promotion to the rank of brigadier general of the Armed Institute of Colonel David Blanes. This is the fourth case after the cancellation last June of three other appointments.
In a judgment, reported by Europa Press, the higher court recalls that this appeal “is part of a group of contentious administrative appeals filed” by the representation of Pérez de los Cobos “against several royal decrees which have agreed to promote employment of general of Civil Guard Brigade to the other colonels.
In this judgment, the presentation of Judge Pilar Tesothe Supreme Court refers to what it said in previous appointments, which were also overturned. And, underlines the judgment, the argument put forward by Pérez de los Cobos “in the aforementioned appeals, based on the content of the declaration, essentially coincides with that used in the other appeals”.
Last June, the Supreme Court partially accepted the appeals presented by Pérez de los Cobos against the royal decrees appointing three generals of the Armed Institute and annulled them for the second time, after the government approved them again while ‘they had already been invalidated. last year.
The judgment of last June, to which the Supreme Court now refers, underlines “the illegality of the contested administrative act because it lacks essential justification”. The Supreme Court, however, rules out that there was any misuse of power on the part of the Ministry of the Interior, because “the powers were not exercised for purposes other than those for which they were granted to the Administration “. “They simply exercised illegally for the reasons mentioned above,” he adds.
