Interior Colonel Pérez de los Cobos appeals to the Supreme Court his dismissal for "arbitrary", "criminal" and "discriminatory"
The
Supreme Court
will analyze whether the controversial dismissal of the former head of the Central Operational Unit (UCO) of the Civil Guard, Colonel
Manuel Ángel Sánchez Corbí
, by the Ministry of the Interior led by
Fernando Grande-Marlaska
was adjusted to legality.
In a car, to which EL MUNDO has had access, the Contentious-Administrative Chamber of the High Court sees "objective appeal" in the appeal presented by the high command of the Civil Guard and, consequently, agrees to admit it for processing and settle it in court.
The
State Attorney
, representing the Interior, had requested the inadmissibility of the appeal.
In the resolution, notified this Thursday, the magistrates explain that it is necessary to determine "what is the content of the duty of motivation required in the administrative resolutions that agree to the dismissal of public officials in positions of free appointment, and if, for that purpose, it is extensible the jurisprudential doctrine established regarding the duty of motivation of the agreements of cessation in positions of free appointment, also applicable in the field of the Civil Guard".
Sánchez Corbí had alleged in the High Court that the Ministry that Marlaska directs, under the figure of his sudden dismissal, had covered up "a sanction" consisting of the loss of destination carried out unfairly and where the Interior had dispensed "totally" and "absolutely" from the legally established procedure, since the removal from the position was not motivated.
For the colonel's defense, "the trust placed in a public official who holds a freely appointed position is not a personal, ideological or political trust and, consequently, only the loss of professional trust", necessarily motivated, would allow agreeing his dismissal in accordance with the law.
In August 2018, the newly appointed Minister of the Interior decided to dismiss the former head of the UCO after an email came to light in which Corbí himself warned that his unit had run out of reserved funds and that they could be seen ongoing investigations affected.
The cessation order was issued by the Secretary of State for Security on August 1, 2018 under the legal umbrella of loss of confidence of the General Directorate of the Meritorious and the Ministry of the Interior.
The colonel then appealed the dismissal before the National High Court where the Central Contentious Court 3, in the first place, and the Fifth Section of the Contentious-Administrative Chamber, as a second instance, appreciated that the dismissal was adjusted to law.
Like Manuel Sánchez Corbí, Colonel Diego Pérez de los Cobos has also appealed to the Supreme Court for "arbitrary" his dismissal as head of the
Madrid Civil Guard
Command
in full judicial investigation of the Government for the demonstration of 8- M during the start of the Covid-19 pandemic.
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