The Court of First Instance (Contentious-Administrative Section) has admitted a petition filed by the chief of the San Bartolomé de Tirajana Local Police. This request aims to annul the appointments of three commissioners of the capital's police force, based on a 2022 Supreme Court ruling that invalidated the competition rules leading to their designations.
The court has granted the Las Palmas de Gran Canaria City Council ten days to present its arguments. The City Council has consistently argued that, despite the annulment of the competition rules, the appointments could be validated by applying the doctrine of good faith third parties, which protects candidates who secure a position by acting honestly, even if the administration makes errors.
“"This decision makes a mockery of the Supreme Court ruling because the doctrine of good faith third parties cannot be applied by the infringing administration; it is the responsibility of the courts of justice."
A favorable ruling on this petition could mean that the three commissioners would revert to the rank of sub-commissioners. While this rank would not prevent them from serving as chiefs of the Local Police, it could trigger a new dispute for the recognition of their commissioner status.
Concurrently, a second provisional sentence enforcement incident has been filed by the former chief of the Las Palmas de Gran Canaria Local Police. This incident seeks his reinstatement to the leadership position, following the annulment of his dismissal in 2019 by both the Supreme Court and the High Court of Justice of the Canary Islands (TSJC).
Until now, the principal commissioner had been unable to exercise this right because the courts believed that opening this door could directly harm his successor. However, the recent resignation of the current chief this week has created an opportunity for the principal commissioner to re-petition the court for his reinstatement.
The mayor of Las Palmas de Gran Canaria, Carolina Darias, has confirmed that municipal legal services are reviewing the former chief's request and that an appropriate response will be provided. The final decision will be crucial in defining the leadership structure of the Local Police, as the previous chief's resignation has not yet been fully processed and the government is seeking a new leader.
