The Third Chamber of the Supreme Court has dealt a new blow to the Government again on the occasion of the promotion of a colonel to general of the Civil Guard, in this case that of Miguel Ángel González Arias. The magistrates annulled it by upholding an appeal from the Pro-Guardia Civil Association (Aprogc) that had questioned the legality of the decision. The procedure must now go back to the moment in which the director of the Civil Guard had to issue his “own report” in accordance with article 67.2 of the Civil Guard Personnel Regime Law (LRPGC), evaluating the evaluation carried out by the Superior Council of the Civil Guard on the suitability of those who are going to be promoted, the order of priority and the procedure followed. Likewise, the Chamber indicates that the Minister of Defense, after hearing the Minister of the Interior, must make a proposal for promotion to the Council of Ministers in which it assesses the “priority and suitability” for the performance of the vacant position of Brigadier General in which the contested promotion was finalized. Related News The fourth since July standard No The Supreme Court agrees with Pérez de los Cobos and annuls a new appointment in the Civil Guard The high court emphasizes that it “lacks the essential justification” It is not the first time that the Supreme Court has ruled on this issue, in which it previously agreed with the Colonel Pérez de los Cobos, cornered by the Executive (promotion is the responsibility of both the Interior and Defense) on the occasion of similar decisions. From these rulings, says the Chamber, a general criterion is deduced applicable to any procedure for promotion to the position of Brigadier General in the Civil Guard. This procedure is summarized in that the “own report” of the general director of the Civil Guard, required By law, it cannot be limited to submitting the evaluation carried out by the Superior Council of the Civil Guard. Secondly, the general director of the Civil Guard must make his own assessment, both of the result of what was done by that Superior Council, as an evaluating body, and of the elements necessary for the Council of Ministers to decide and appreciate the suitability of the promoted person. The ruling, for which José Luis Requero was the speaker, adds that, in addition, “in view of the changes noted in those rulings and which implied a variation in the classification, the goodness of the procedure followed and the judgment of priority made by the Superior Council reflected in the final evaluation. And it affirms that the reasons for the proposal of the Minister of Defense regarding the priority and suitability of the promoted colonel for the specific vacancy that determines the promotion must be stated. The associations are legitimizedBefore entering into the substance of the matter, the court rules on the lack of legitimacy of the association that appealed invoked by the State Attorney’s Office, which requested the inadmissibility of the appeal. And it does so to support the legitimization of the professional associations of the Civil Guard (in this case Aprogc) to challenge promotion decrees to Brigadier General. The ruling recalls that it is a professional association made up of civil guards, whose purposes include the defense of their professional interests; It does not appeal in defense of the legitimate interest of a colonel nor does it raise the unsuitability of the promoted person, but rather it does so “in favor of the legality of the promotion procedure, which affects the professional career of the civil guards, which is a legitimate professional interest.” collective”.
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