April 16, 2021

Ms Nurse alleges the juridical gap of the College for its electoral admission – The Province

Ms Nurse alleges the juridical gap of the College for its electoral admission - The Province


"It does not seem to be a receipt that in a general electoral procedure there is a deadline for rectifying errors in the presentation of candidacies and in the electoral process of a professional association," said yesterday those responsible for Más Enfermería, a list excluded from the elections by formal defects, during the hearing to defend their appeals before the governing body of the entity of Las Palmas.

Sheltered by a score of colleagues, the candidates for More Nursing to President, Rita Mendoza, and Vice President, Desiré Alemán, appeared late in the afternoon for thirty minutes before the acting board of the provincial college, chaired both now and during the last twelve years by Hortensia Calero, to present their allegations to the annulment of the only alternative plate, so last Wednesday was elected by acclamation the remaining list continuista. While waiting for the resolution on the appeal, provided "as soon as possible" by the governing board, from the College of Nursing of Las Palmas eluded pronouncement, for the fourth consecutive day, on the electoral conflict.

In its writing, Más Enfermería considered its exclusion contrary to law by violating the principles of remedial and anti-formalistic inspiration of the administrative procedure, the former being equated with the constitutional foundation of non-defenselessness and specified in the general rule of interpretation favorable to the exercise of the actions ( in dubio pro actione). According to the appeal, "the collegiate statutes themselves have an unfortunate legal gap, not foreseeing the correction of defects in the presentation of writings", so "we should ask ourselves if it can be filled with the general regulations".

The supplementary application of a norm depends on the lack of regulation in a specific one, as the allegations recalled before citing a judgment of the Supreme Court to consider "a clear evidence" the legality of including in the collegial process the term of 48 hours established by the Organic Law of the General Electoral System.

"Democratic spirit"

In addition, "there is no express norm to determine which defects are correctable and which are not, understanding that the criterion to be taken into account is the aforementioned flexibility and anti-formalist, fundamentally to promote the deeply democratic spirit of the corporation", argued from More Nursing in its appeal to assess that the opportunity for correction can not be avoided by a distinction between simple irregularities or essential deficiencies, so that the alleged errors are absolutely repairable.

In any case, "this circumstance has already been solved", sentenced in the allegations from the alternative list to remember that the candidates for vocational specialties of mental health and nursing work already recorded last Tuesday before the College of Las Palmas official degree, whose absence until then supposed the alleged formal defect wielded by the board in functions to annul the More Nursing plate. However, from the excluded candidacy began their appeal insisting that the decision involved an "absolute violation of the principle of legality" because "does not exist in the collegiate statutes, the main norm of regulation of the electoral process, any requirement that refers to 'present the prescriptive candidates the enabling qualifications of a nurse specialist, that is to say, to occupy the position of vowel there is no statutory norm that links it to a specific title ".

And "in prevention of being told by the administration that they are decisions of the governing board for the electoral process, these norms can not go against a general disposition that are the collegiate statutes, infringing in this way – in this hypothetical case – the principle of normative hierarchy ", they warned from Más Enfermería before concluding that the inadmissible appeal" flagrantly violates the right of active and passive suffrage of the members ", more than 7,000 professionals from Gran Canaria, Fuerteventura and Lanzarote.

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