The National Court has upheld the appeal of the State Attorney, on behalf of the Ministry of the Interior, and has endorsed the legality of the dismissal of Colonel Diego Pérez de los Cobos as head of the Civil Guard Command in Madrid.
The Fifth Section of the Contentious of this court has unanimously revoked the sentence that annulled said dismissal a few months ago, considering that it was in accordance with the Law , as defended by the department of Fernando Grande-Marlaska.
In its judgment, the Chamber finds that the replacement of the colonel was sufficiently motivated given that the “loss of confidence” on which it was based was caused by not reporting on the development of investigations and actions carried out by the Civil Guard in the relative case. to the March 8, 2020 demonstration and not its content.
“Free” to dismiss him for “loss of confidence”
The Chamber does not dispute the suitability of the colonel for the position, who, it adds, has even been proposed for promotion to general; rather, “the loss of confidence” to continue at the helm, and affirms that “the subjective reasons” of the Ministry “are protected by the free decision to dismiss him.”
In this regard, the Chamber points out that this loss of confidence was due to not reporting on the development, “not on the content” of those investigations, “all this, in the broad and, at times, confusing ‘operational framework and of the Judicial Police'”.
A cessation highly criticized by the opposition
The magistrates indicate that, since it is an assumption of “free appointment”, the loss of confidence “constitutes a reason for termination” , and they add that the law does not oblige to specify the reason for that loss of confidence since it is bases the “discretion of the dismissal”, typical in this type of positions.
Therefore, the Chamber does not need to “take into account, not even, the facts” referred to in the restitution file, because it is enough to verify that lack of confidence “without having to assess whether it has a reason to be. “. That means, he says, that the termination is discretionary. The court recalls that the previous resolution already recognized that once said trust was broken “the declaration of reincorporation to the destination makes no sense.”
The Contentious-Administrative Court 8 of the National High Court annulled the dismissal of Pérez de los Cobos ordered by the Minister of the Interior, Fernando Grande-Marlaska, considering it was produced by complying with the law.
The dismissal of the colonel, who in 2017 also led the coordination of the police operation deployed against the illegal referendum of October 1 in Catalonia, was the subject of numerous criticisms by the opposition and in turn led to a failed attempt to disapprove the minister of the Interior in Congress.