The Supreme Court annuls two appointments of the Data Protection Agency by seeing the distribution between PSOE and PP vitiated

The Supreme Court has agreed to annul the agreement of the Council of Ministers of February 22, by which the names of the candidates for the Presidency and Attachment of the Spanish Data Protection Agency (AEPD) were communicated to the Congress of Deputies. The magistrates have considered that the procedure by which the PP and PSOE agreed on the appointments is flawed at the root by departing from current regulations.

This has been decided by the Fourth Section of the Contentious-Administrative Chamber after deliberating on Tuesday on the appeal presented by Leonardo Cervera, one of the candidates to be president of the Data Protection Agency.

In the seven-page resolution, to which Europa Press has had access, the magistrates have insisted that "the current regulations regulate a competitive, public and transparent selection procedure" and that in this case "one month and four days before If this selective procedure was convened, it was agreed, (...) the person who would occupy the Presidency and the Attachment of the AEPD was appointed and elected”.

The State Attorney desisted from continuing with the lawsuit

According to the sentence, the State Attorney's Office made a search request to the Chamber; that is, she desisted from continuing with the lawsuit. The Prosecutor's Office, for its part, did not oppose the decision of the State legal services.

Sources from the Ministry of Justice consulted by Europa Press have indicated that they acted in this way not because they agreed with the appeal presented by one of the candidates, Leonardo Cervera, but because the Government does not want to be an obstacle to renewing the leadership of the organ.

Now, the Supreme Court has estimated the search of the State Attorney and the demand, for which it has declared the contested agreement null, "with the consequences that are inherent to such nullity."

On March 21, the court already provisionally suspended the appointment process by estimating the request of one of the candidates. At that time, the Chamber considered that it was “necessary” to suspend “an act that was flawed at the root”.

Now, in a sentence, it has considered it pertinent to annul the agreement of the Council of Ministers at the request of one of the applicants who considered his fundamental right to access public positions and functions under equal conditions violated due to the notorious fact that the appointment was decided before of convening the selection process.

The parties reached an agreement last October

On October 14, 2021, the Secretary of State for Communication and the Popular Party issued a joint statement announcing that the Government and said party had reached an agreement to renew certain constitutional bodies and, in addition, the Presidency and the Deputy of the Agency of Data Protection.

On October 21, the names agreed upon for the different constitutional bodies were made public and it was learned that the candidates for the Presidency and the Assistantship of the AEPD were, respectively, Belén Cardona Rubert and Francisco de Borja Adsuara Varela.

It was not until November 17 that the announcement of the selection process to cover said positions was published in the Official State Gazette. Once this process was concluded, the Council of Ministers adopted the contested agreement in which it communicated to the Congress of Deputies the two three lists already mentioned.

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