1695837873 The Supreme Court calls on the government to eliminate any

The Supreme Court calls on the government to “eliminate any hint of arbitrariness” in its decision not to promote Pérez de los Cobos.

Pérez de los Cobos Civil GuardColonel Diego Pérez de los Cobos upon his arrival at the National Court to testify in the trial of the leadership of the Mossos for 1-O in 2020.KIKE PARA

Last week, the Supreme Court ruled in favor of Colonel Diego Pérez de los Cobos because the executive did not adequately justify its decision to elect three other candidates for the post of generals of the Civil Guard and not to promote him. To reach this conclusion, the Chamber of Controversial Administration not only took into account that the reports of the Director of the Civil Guard and the Minister of Defense did not justify why Pérez de los Cobos was not promoted even though he had been number one in the Guardia Civil However, the court does not rule out that the government’s decision is linked to the dismissal of the colonel as head of the Madrid command, which occurred in May 2020 and was subsequently annulled by the Supreme Court. The Trial Chamber doesn’t say clearly that the dismissal had an impact on the decision not to promote the colonel, but says there is “a hint of arbitrariness” that needs to be “dispelled.”

The Supreme Court reported on September 19 its decision to annul the royal decrees appointing three generals of this body from October 2021, which had been challenged by Pérez de los Cobos because of his misconduct in promotions to which he was supposedly entitled. saw demoted. . However, the court had not yet communicated the judgments containing the arguments that led to this conclusion. In the first of these judgments, published this Tuesday, the court recalls that Pérez de los Cobos was dismissed as head of the Civil Guard in Madrid, claiming that this fact “also has an obvious relevance that highlights and qualifies him “. “This circumstance affects the action in such a way that the irregularities found are more than mere procedural or procedural violations, especially after this Chamber has dismissed the dismissal in which a serious illegality has been committed in relation to facts that are not the case , has decidedly annulled. Remember,” the court warns.

Throughout the verdict, the judges point out that Pérez de los Cobos was number one in the classification, a conclusion they reached after a complex and rigorous process. “Such a classification is not decisive for the promotion decision, it does not abolish or at least preclude the power of proposal of the Director General of the Civil Guard and the Ministry of Defense nor the decision-making power of the Council of Ministers, but its value It is obvious and requires consideration,” emphasizes that Court that considers that the fact that the selection of the promoted person does not correspond to the result of the previous assessment requires stronger justification. “When assessing suitability other than that established in the assessment process, certain data or elements must be present that allow identification and justification. And if this difference in suitability arises directly from the specific position that the promoted parties will seek and hold, an element of assessment should be present in the administrative file,” explains the court.

The Supreme Court accuses the Civil Guard Directorate of having limited its legally required report to presenting the results of the selection process to the Ministry of Defense. “You must make your own assessment both of the results of the assessments and of the elements considered necessary for the Council of Ministers to decide and assess the suitability of the person being promoted, not on the basis of its own free decision, but in accordance with the provisions of Article 73.1 of the results of the promotion assessments and the suitability to fill the posts or vacancies in which the promotion takes place.” Furthermore, the Court, after the intervention of the Director General of the Guardia Civil, adds: “The reasons for the proposal of the “The Secretary of Defense’s determination as to the suitability of the promoted colonel for the specific position determining the promotion is not recorded.”

By canceling the promotions, the Supreme Court does not force the procedure to start over, but it returns it to the time before the report of the Directorate of the Civil Guard, which it invites to write an opinion proposing this evaluates the previous assessment by the Supreme Council of the Guardia Civil of the suitability of the persons to be promoted, the order of precedence and the procedure followed. And in return, it is the Ministry of Defense which, after consulting the Ministry of the Interior, submits a promotion proposal to the Council of Ministers, in which it “assesses the priority and suitability for the exercise of the vacant position”. Brigadier General in those cases in which the contested promotion was completed in relation to the assessees and in particular in relation to the plaintiff”, in relation to Pérez de los Cobos.

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