The Second Section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has rejected the claim of the Canarian Coalition to lift the suspension that weighs on the appeal filed by the nationalist group in the Cabildo against the order of precautionary measures issued by the Contentious Court, rendering the expulsion of Juan Manuel Sosa from his political group without effect.
The TSJC supports the decision of the Contentious Court, which adopted the arguments of the legal defense of the Minister of Health and the Cabildo itself, stating that the process must remain suspended until a final judicial resolution is issued in the criminal process filed by Juan Manuel Sosa against Pedro San Ginés and the other members of his group for threats and document forgery.
The order by which the TSJC denies the request of the Canarian Coalition, dated October 18, maintains the criteria of the previous one of the same Court, issued on July 22, considering that until a final resolution is produced in the criminal procedure, the process of protection of fundamental rights that Sosa also filed before the Courts must remain suspended.
It should be remembered that the expulsion agreed by the nationalist group in the Cabildo of Lanzarote was suspended as a precautionary measure by the Contentious Court until said procedure is definitively substantiated. A procedure whose processing has been paralyzed by the existence of the criminal prejudice appreciated by the chamber as a consequence of Sosa's complaint.
As a consequence of these judicial pronouncements, and despite the repeated attempts of the Canarian Coalition, the condition of defector cannot be applied to Juan Manuel Sosa and he enjoys full political rights.
Only when a final resolution is issued in the criminal procedure can the contentious procedure continue to be processed and, in turn, it will be necessary to wait for the firmness of the sentence that may occur in said contentious procedure to determine the situation of the councilor.
