The Supreme Court, which accepted the colonel’s appeal Diego Perez de los Cobos against the verdict confirming his departure from the headquarters of the Command Madrid Civil Guardexplained that this decision aims to establish how a dismissal like his should be motivated and to establish what the “necessary motivation” is in these cases of freely appointed positions.
This was the answer that the magistrates gave to the note presented by Pérez de los Cobos. against the decision of the National High Court. This resolution announced its termination in accordance with the law while his subordinates, led by a judge, were investigating a possible connection between the 8M 2020 demonstration and the onset of covid-19 infection.
The Dispute-Administrative Chamber indicated that the colonel explained “enough” the match of the intended appeal scenarios and the compliance of the appeal with the formal requirements for admission.
The resource can serve to form judicial practice
The judges stressed that the note by Pérez de los Cobos was of great interest and could serve shape the jurisprudence in such cases. In this sense, they assured that they would analyze the issue in order to “determine what is the content of the obligation of motivation required in administrative regulations giving consent to the dismissal of civil servants from freely appointed positions.”
They will also establish whether for this purpose extensible established legal doctrine Concerning the obligation to indicate the reasons for dismissal in freely appointed positions, also applicable in the field of the Civil Guard, reports the Europa Press agency.
The national court found the dismissal justified
The ruling of the National High Court justifies the argument put forward by the Home Secretary, Fernando Grande-Marlaskawhich hinted at a loss of confidence in undertaking the colonel’s exit.
“In the present case there is no dispute availability of discontinuedthat is, his professional ability to hold the position in question, but rather a loss of confidence in which the subjective reasons of the body that appointed him are covered by a free decision to dismiss him, ”the verdict, which will now be reviewed by the Supreme Court, says.
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