The head of the San Bartolomé de Tirajana Local Police has requested the judge to annul the appointments of three commissioners of the Las Palmas de Gran Canaria Local Police, arguing that the City Council usurped judicial functions by maintaining these designations. This action comes after a previous ruling dismissed the ex officio review of said appointments.
The controversy dates back to a 2022 Supreme Court ruling that annulled the selection process guidelines for the commissioner positions. However, the Las Palmas de Gran Canaria City Council, in executing the sentence, decided to annul the guidelines but maintain the appointments already made.
“"The objective purpose of the municipal pronouncement is precisely to shield the appointments from the effects of the declaration of invalidity of the selection process, substituting the judicial body that should have judged it in a later phase."
The appellant argues that the City Council could not apply the doctrine of good faith third parties to preserve the appointments, as this is an exclusive prerogative of the judicial sphere. According to their argument, the administration cannot invalidate the bases of a process and, at the same time, validate the selections derived from it.
This situation, according to the enforcement incident, would reverse the procedural burden, allow the administration to validate flawed processes, and render the Supreme Court's rulings meaningless. Therefore, the dismissal of the officials appointed under the invalidated process is requested, allowing them to challenge said dismissal before the competent judicial body.
Despite the time elapsed since the Supreme Court's ruling, the appellant maintains that the incident of nullity of judgment is imprescriptible, as the nullity of full right is imprescriptible. The aim is to compel the City Council to issue a new pronouncement consistent with the declaration of nullity, agreeing to the dismissal of the appointments.
