Interior appeals the ruling on Pérez de los Cobos alleging that there can be no “judicial control” over a position of trust


The Ministry of the Interior has appealed the sentence that condemned this department for the dismissal of Colonel Diego Pérez de los Cobos as head of the Civil Guard Command in Madrid and that requires his reinstatement. In its appeal, the State Attorney insists that the department headed by Fernando Grande Marlaska dismissed the colonel from the freely appointed position he held as a result of a “loss of confidence” for not agreeing with his way of “proceeding” and denies that this administrative authority was used “for a purpose other than that legally envisaged.”

Marlaska now links the dismissal of Pérez de los Cobos to a "filtration" published three days before the calls to the colonel

Marlaska now links the dismissal of Pérez de los Cobos to a “leak” published three days before the calls to the colonel

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The appeal of the State Attorney exposes the reasons that, according to the Interior, led him to lose confidence in the colonel and opposes that, in the case of a position that requires maximum confidence, total freedom cannot be exercised from the executive power at the time of removal. “The sufficiency of a behavior to generate a loss of confidence cannot be subject to judicial control, since, otherwise, they would be controlling themselves the subjective conditions determining trust “, can be read in the resource, to which elDiario.es has had access.

The ruling, dated March 31, established that the “motivation” that led to his termination was “illegal” because Pérez de los Cobos fulfilled his obligation by not reporting the aforementioned investigations, which affected the then government delegate in Madrid, José Manuel Franco, because the instructor in that case had imposed the duty of reserve on him. In fact, the judge affirmed that the colonel “could” have committed a crime if he had informed his superiors of the development of these actions. That investigation kept Franco charged with not having prohibited the mass meetings that took place in the nine days prior to the state of alarm, including the feminist march. In the termination resolution signed by the director of the Civil Guard, María Gámez, it was indicated that the reason for the termination had been the colonel’s refusal to report on ongoing investigations.

Interior, however, insists in its appeal that “there was no request” for information to Pérez de los Cobos and says that the “logical” thing would have been that the sentence had proven, even minimally, the illegal request for information that it would have been neglected, something that, in his opinion, is “impossible to prove” since there was no request. “This part does not understand how the power to terminate can be exercised in order to facilitate the obtaining of any information from the terminated. It is clearly inappropriate behavior. Above all, when we are talking about information that had already been delivered to the parties in the procedure (including the Government Delegate) and had been disseminated in the media, ”the appeal maintains.

The appeal maintains a high tone in the substance and form against the sentence of the head of Court number 8 of the Contentious-Administrative Court of the National Court, Celestino Salgado. In fact, he asks to annul his ruling and accuses him of having violated the right to effective judicial protection of the Interior for having included in the account of proven facts statements by Pérez de los Cobos that, according to Interior, “contradict the result of the test carried out. “.

Likewise, the appeal presented by the State Attorney ensures that the ruling violates the regulations on dismissals in positions of free appointment, contained in the Civil Guard Personnel Law, as well as the regulations and jurisprudence applicable to the concept of “misuse of power “and to the functioning of the judicial police and the dismissal of freely appointed positions in the Administration.

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