Thu. Feb 21st, 2019

Justice already condemned the College of Nursing to avoid elections in 2003 - The Province

Justice already condemned the College of Nursing to avoid elections in 2003 - The Province


Suspected due to judicial background of electoral irregularities. The Official College of Nursing of Las Palmas does not face its first litigation, after the appeal filed last week in the City of Justice for the candidacy excluded from the recent call, but has already received a firm conviction for avoiding the polls by excluding the opposition list in the plebiscite process of 2003, settled as the last appointment with the appointment by acclamation of the outgoing board without any vote.

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In fact, the Contentious Administrative Chamber of the Superior Court of Justice of the Canary Islands (TSJC) sentenced in March 2011 to the College of Nursing of Las Palmas to pay 15,000 euros and the costs of the appeal to the candidate for president of the professional entity 16 years ago, Rodrigo Chacón Ferrera, a compensation for damages for the impossibility material to fulfill a previous sentence that forced the admission of his electoral plate. Signed by César José García Otero as speaker and chairman of the room, with the "unanimous opinion" of its members and without the possibility of "any ordinary recourse", the ruling recalled in its legal grounds that a car in May 2007 already partially estimated the contentious-administrative appeal filed by Rodrigo Chacón against the exclusion of his candidacy by decision of a government junta then presided over by Carmelo Granados, who thus achieved automatic re-election for his last term.

During that period, precisely, he joined the board of directors Soledad Calero Fabelo Hortensia, proclaimed president in the following process and in office so far for four consecutive terms.

"Material and legal impossibility"

As Garcia Otero's ruling added, the 2007 ruling annulled the inadmissibility of the alternative list "for the purposes of Retrace the electoral procedure to the previous moment and celebration of election "to the collegial government.

The professional elections, however, were never held at the end of the four years of the mandate appealed and a new procedure was called (2007), also resolved with the designation by acclamation of the board of directors after the elimination of the opposition candidacy. Thus began Hortensia Tensi Calero his stage at the head of the private corporation but public law, which continued with two other re-elections (2011 and 2015) without the presentation of alternative lists.

At the beginning of 2009, "the material and legal impossibility of executing the sentence was declared", according to the grounds of the TSJC ruling, for which reason the "corresponding replacement incident for the compensation of damages" began. After the collegial appeal of a first order, the Contentious-Administrative Court number 1 of the capital of Gran Canaria considered "proportionate" as compensation the amount of 15,000 euros in mid-2010 because "from the non-execution of the judgment damages are derived, that by the state of affairs at the time of issuance can not be traced back to the elective procedure, so that a prejudice to the plaintiffs that can not be restored in their right in natura and that consist of this assumption in the possibility of having attended the elections, in the expectation of having obtained a position (...), as well as the fact that had the appellant concurred the election result could have varied ".

Despite the new appeal of the professional institution, the sentence of Garcia Otero dismissed the appeal to consider "evident" in the case of Rodrigo Chacón that the compensation "is the only formula to understand the sentence executed without prejudice, or rather, with the least possible impairment of the right to the execution by who obtained in his favor the judicial pronouncement. "Not in vain," the opposite thesis would entail converting the ruling of the sentence into a merely formal pronouncement, devoid of any legal-material consequence, and thereby violate the right to the effective judicial protection of the appellant in its aspect of right to the execution in the own terms of the judgment or, alternatively, in the most approximate terms and, of not being possible, of the right to a substitute compensation, argued the Room of the Contentious of the TSJC before emphasizing the "difficulty of quantifying in a concrete sum the damages derived from the impossibility of presenting the candidacy in elections (...) whose result was not foreseeable".

After substantiating that the damages "exist in their aspect of moral damages", the sentence of César José García Otero considered that the figure of 15,000 euros set by the Court of Contentious 1 "is not irrational, illogical or arbitrary, but falls within the parameters of rationality that is required to compensation for impossibility of execution of a sentence." While waiting for the admission of More Nursing, the last candidacy excluded, the ruling of the TSJC is a legal precedent in favor of their theses, although the terms of the process run against the holding of elections at the College of Las Palmas after of two decades.

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