The Court of First Instance number 3 of La Laguna has rejected the request for precautionary measures – prior to the lawsuit – presented by the councilors not attached to the City Council of Tacoronte, Carlos Medina and Sandra Ramos for having been expelled from the Spanish Socialist Workers Party ( PSOE) with the consequence of loss of the public offices that they held according to the Federal Statute of the same.
After the decision of the Federal Commission of Ethics and Guarantees motivated because they disobeyed the guidelines of the PSOE to agree with Citizens in the last elections instead of doing it with Nueva Canarias (NC) and Yes it can, the Justice considers that “they have not been violated their fundamental rights of defense, effective judicial protection and political participation on which the request is based and that there is also no periculum in mora (danger in procedural delay), since the only real damage that would be caused would be the reduction of remuneration , which could be economically compensated ”.
Justice argues that what Medina and Ramos request as a precautionary measure before filing a demand for the protection of fundamental rights, “is the suspension of the agreement that expelled them as PSOE militants but they do not explain at any time what is the urgency or need that He justifies it before filing it instead of requesting it with it, which is the general rule. Nor do they propose any evidence. This alone would be a reason to dismiss it ”.
Thus, the sanctioning file has preserved the right of defense since the actors have acknowledged in their respective interrogations that they were given a hearing, that they were notified of the statement of charges and that they had the right to allegations and remedies). Regarding effective judicial protection, the actors themselves “are being listened to by this Court, thus having access to the courts” while in regard to political participation, they have not lost their positions as councilors since they continue to be so although without be attached to any political party and form part of the municipal plenary session, in which they have a voice and vote.
Justice adds that the suspension of the party “the only thing it would do would be to reintegrate them precautionary into the militancy”, it would not return them to the status of delegated councilors that they had in their day “since that depends on a resolution of the mayor’s office. And if we talk about economic perceptions, they do not support a periculum in mora because they are compensable in a monetary way ”since they charge for full attendance and information commissions.
The Federal Commission of Ethics and Guarantees of the PSOE opened a file in 2019 to Carlos Medina and Sandra Ramos, at that time secretary general and secretary of organization of the local committee, respectively, in charge of receiving the instructions of the insular and regional Executive and therefore , “They were aware that a decision was being adopted that implied an act of indiscipline, which was going to have consequences for the image of the party.”
However, he filed the file of the other socialist mayor, Tarsis Morales, currently responsible for the areas of Urbanism, Coasts, Heritage and Accessibility, as well as first deputy mayor, because unlike his colleagues the investigator of the case maintained that “he has not it has been proven that he was aware that his actions entailed the infractions that were attributed to him ”.
“It has acted with other interests, different from those decided by the people “
The councilors not attached to the Tacoronte City Council Carlos Medina and Sandra Ramos, expelled in June from the Socialist Party (PSOE) and therefore, from the public positions they held linked to it, confirm that they will go ahead and file a lawsuit against the PSOE because they consider the judicial decision “arbitrary”.
It seems to both of them “a tremendous injustice” that they have been filed and expelled from the party, while his partner Tarsis Morales “is not only pardoned but also given more responsibilities. That is why we continue to consider that it acted with interests other than those decided by the people ”.
Specifically, it refers to the pact signed in 2019 between NC, PSOE and Sí se posible, which stated that the first two years of Mayor’s Office were for the first political force and the last two, for the second and that it has not been fulfilled.
