The judicial decision, issued by the Contentious-Administrative Court number 2 of Santa Cruz de Tenerife, revokes the resolution of the Government Board of the council from July 29, 2024. This resolution had appointed Lazcano de la Concha, a former Ciudadanos councillor, to the position of Director General of Urban Transformation Santa Cruz Verde 2030, with an annual salary exceeding 76,000 euros.
The ruling, signed by magistrate-judge Roi López Encinas, upholds the appeal filed by lawyer Sandra Rodríguez on behalf of architect Joaquín Mañoso Valderrama. The sentence orders that Mañoso Valderrama occupy the position and condemns the Santa Cruz de Tenerife City Council to pay the legal costs.
The judicial resolution argues that the justification offered by the council for choosing Lazcano instead of Mañoso is “insufficient” and “contrary to law.” The court considers that the reasons put forward by the City Council, such as a possible conflict of interest for Mañoso in an urban planning file from 2014 or his age, are not valid for his exclusion. The judge criticized the lack of identification of “the specific personal circumstances that advise against the designation of the appellant” and stressed that the Administration cannot base its decision on imprecise valuations or those unrelated to the principle of merit and capacity, as established in article 23 of the Spanish Constitution.
The Administration cannot base its decision on imprecise valuations or those unrelated to the principle of merit and capacity.
The sentence recalls the jurisprudence of the Supreme Court and the Constitutional Court, which requires clear motivation for appointments by free designation, explaining why one candidate is preferred over another. Although the Administration has discretion, this cannot be arbitrary and must be based on objective and verifiable criteria. Consequently, justice annuls the appointment of Juan Ramón Lazcano de la Concha and, considering the constitutional principle of equality, merit, and capacity violated, orders the designation of Joaquín Mañoso Valderrama for the position. The City Council has fifteen days to file an appeal with the High Court of Justice of the Canary Islands.
