SANTA CRUZ DE TENERIFE, May 2. (EUROPE PRESS) –
The Contentious-Administrative Court number 1 of Santa Cruz de Tenerife has dismissed the appeal filed by an opponent who claimed compensation from the Ministry of Public Administrations, Justice and Security of the Government of the Canary Islands for the excessive delay in taking possession of the square of the administrative body, after having passed the selective tests.
According to the ruling, dated April 18, the appeal is dismissed “because there were no undue delays or unjustified delays in the selection process”, because, although it recognizes that the procedure lasted beyond what is established by law , fifteen months, was not due to administrative inactivity or neglect, passivity or abandonment by the Administration.
In the opinion of the magistrate who signs the sentence, which can be appealed, the Civil Service approved two resolutions with the aim of extending the term, in 7 months and 15 days, in one case, and in three more months, the other, and the appellant He did not challenge any of them, nor did a third one that declared the month of August non-working.
In addition, it considers that the Administration has expressly stated the reasons on which it has relied and that it has always acted in a manner consistent with them, and yet, the appellant never objected to them, despite to be public and perfectly known by a person who works in the Administration.
Taking into account these premises, that it was possible to react against the extension of the terms and the declaration of incapacity of August, and it was not done, the magistrate understands that there is no place now to claim a patrimonial responsibility to compensate the damages that may have been cause.
“The patrimonial responsibility – picks up the sentence – cannot be used as a means to avoid the application of resolutions consented by the interested parties or as an alternative route to the filing of the corresponding resources to subject the legality of said resolutions to examination”.
Nor did the plaintiff react to the act of appointment and taking office, nor did he request the recognition of its retroactive effects, challenging them in a timely manner to correct the effects of the delay.
However, the Contentious-Administrative Court number 1 of Santa Cruz de Tenerife does criticize the Administration for its action for not having expressly responded to the previous claim made by the opponent, and, as a corrective to that bad practice, releases him from payment of costs.
The Minister of Public Administrations, Justice and Security, Julio Pérez, has considered that, in any case, it is necessary to reduce the duration of the selective processes, which currently last months or years, due to how their processing is regulated.
In his opinion, “there is room for a regulation that respects the guarantees and purity of examinations and evaluation, but that, in turn, shortens procedures and shortens deadlines.”
