The

Supreme Court

has annulled its decision to annul the resolution of the General Directorate of Police, dated November 15, calling for free opposition to fill places for students of the

National Police School,

before the publication of a correction of errors of the same in the Official State Gazette of November 30, which suppresses the reason for the annulment, which consisted of having maintained the exclusion related to wearing intraocular bodies or phakic lenses without mentioning that it is provisionally suspended by the Supreme Court itself.

The court's decision responded to a brief submitted by some applicants who appealed

Royal Decree 326/2021

, which approved the medical list of exclusions for entry into the National Police.

In an order issued this Monday, the Chamber annuls the annulment and indicates that the resolution of the General Directorate of the Police of November 15, 2022 (BOE of November 18, 2022) must be interpreted and applied in accordance with the corrections introduced in the BOE of November 30.

The High Court thus responds to an allegation made by the State attorney in a letter of December 1, 2022, and given the fact that the correction of errors included in the BOE of November 30 by the General Directorate of the Police repairs the lack of the resolution of November 15, 2022 and, consequently, makes the violation of the current precautionary measure disappear.

The magistrates explain that "early in the morning of November 30, when the order agreed the previous day had not yet been notified to the parties, the Judicial Secretariat informed this Chamber that shortly before midnight of the previous day it had entered a letter from the State Attorney, in which it was reported that the General Directorate of the Police had initiated procedures to correct the error noted in its resolution of November 15, 2022".

The judges explain that "stating that this was generic and insufficient to ensure compliance with the precautionary measure, this Chamber signed and notified that same morning its order dated November 29, 2022, which annulled and left without effect the aforementioned resolution of the General Directorate of the Police of November 15, 2022".

In any case, the order highlights that "in this matter that affects a large number of people, only the Administration has delayed the times, not to mention that it has not informed accurately and promptly of the steps taken to remedy the violation of the precautionary measure. And the other observation is that, contrary to what the State Attorney affirms, our order of November 29, 2022 does not adopt a new precautionary measure, but is limited to safeguarding the effectiveness of one already in force" .

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  • Articles Angela Martialay