The contentious-administrative Court has rejected the precautionary measures requested by the secretary of the San Bartolomé de Tirajana City Council
The contentious-administrative court has rejected the precautionary measures requested by the secretary of the San Bartolomé de Tirajana City Council, Marcelino López Peraza, with which he tried to suspend the decree signed by the currently dismissed Alejandro Marichal. This decree declared the forced retirement of Marcelino López Peraza, who requested to remain active contrary to what was alleged by the then area councilor.
The Chamber thus agrees with former councilor Alejandro Marichal, and decrees that Marcelino López Peraza must retire because it understands that there is only "particular interest" that could be affected to a greater degree but "it is none other than the economic one," since that it does not consider that the public interest "must give way to a prevailing particular interest." In this sense, it does not observe other issues of legality of the contested resolution that should be reserved "for the sentence handed down in this process."
López Peraza expressed that this decree would cause him harm beyond the “purely economic” since once he retired “he would lose his legitimate expectations of accessing, with many possibilities, one of the jobs (head of legal or official advice). of the Cabildo of Gran Canaria." In addition, he alleged that if he were to retire "it would continue to prolong the situation of chaos, paralysis and disorganization of the City Council," and this would cause "irreversible damage to the general interest."
Judge David Lorenzo González has recalled that this selective process that he alleges is not pending adjudication but rather "has already been resolved and awarded", which is why this argument is not valid. "The awarding of such positions, in addition to being uncertain, is “it distances itself from the object of this precautionary incident and, in short, from the present process,” the order states.
Furthermore, it has assessed that “recognizing a subjective appreciation of the public interest as a particular interest is not admissible” because it is a personal interest that is transferred as a general or public interest but without the appellant “being assigned the defense of such interest.”
Marcelino López Peraza, after the dismissal of Alejandro Marichal (CC) from office by Mayor Conchi Narváez (PSOE) on October 1, filed a contentious-administrative appeal against the Decree, dated September 27, 2021. In this document requested that it be agreed as a very provisional precautionary measure to suspend the execution of said decree signed by Councilor Marichal, which has instead been endorsed by the Chamber.
Alejandro Marichal has congratulated the legal service of the City Council, which has agreed with a “well-founded” decree and with which the precautionary measures have been lifted. Regarding Conchi Narváez's statements, Marichal states, “by publicly defending López Peraza she is casting doubt on the decree” and it is clear that “she defends the particular interest of the secretary” while Marichal defended “the general interest and the good functioning of the City Council.”
Canarian Coalition in San Bartolomé de Tirajana in the Consistory is "to work and make decisions and the courts have agreed with them" in a ruling that "serves as a stimulus to continue defending the interest of the municipality and the citizens."