CC claimed not to have legal personality in its appeal to the Supreme Court for the annulment of its 2012 Island Congress while its political group in the Cabildo currently defends the opposite to be able to appear in the case of the Centers against Carlos Espino, filed by the Investigating Court number 3 of Arrecife.
"The appellant alleges that the Island Coalition of the Canary Islands of Lanzarote is not a political party with its own legal personality," is stated in the Supreme Court ruling made public this Thursday, in which the court dismissed the formation's appeal confirming the illegality of the Island Congress of CC of 2012
"It would seem scandalous to CC that the same justice on the island, which must be equal for all, accepts or not the legitimacy of the political groups of the Cabildo to appear in a criminal process, depending on the political color," the nationalists affirmed, however, after the Investigating Court number 3 of Arrecife rejected their appearance in the case of the Centers for being late, lacking legitimate interest and not having legal personality.
The difference between the two lawsuits
The difference lies in that, in the case of the lawsuit for the Island Congress of CC of 2012, the formation was the defendant, so it was part of the procedure from the beginning, and also appeals as a political party, understanding in this case that it does have legal personality.
In fact, the Supreme Court points out that "it is at least surprising that the Island Coalition of the Canary Islands of Lanzarote, which has appeared before the Court, the Provincial Court and the Supreme Court to oppose the claims of the plaintiffs and appeal the successive unfavorable judgments that have been handed down in the instance, whose attorney has provided a power granted by the legal representative of «Coalición Canaria Lanzarote, a political formation registered in the Registry of Political Parties of the Ministry of the Interior», and that he made no objection on this issue when answering the lawsuit, now alleges that he lacks legal personality".
On the other hand, in the case of the Centers, on which the judge has already ordered its filing, who is trying to appear is the political group of the Cabildo, which does not have legal personality.
"Local political groups, unlike political parties, lack legal personality, as they are formed as an internal organizational formula of local corporations created for the sole purpose of facilitating the relationship and participation of the elected officials of the same electoral list in the bodies of said Corporation, in accordance with criteria of proportionality," concluded the magistrate of this case.
CC's argument to continue appealing in the case of the Centers
However, despite this, the political group of CC in the Cabildo has already announced that it will present an appeal for reform against the inadmissibility of its appearance as a popular action in the case of the Centers and did so by comparing it with the procedure that follows against Pedro San Ginés for the seizure of the Montaña Roja desalination plant,
"And it is that justice did accept the appearance of the political group Podemos in the case that is followed against San Ginés for the seizure of the Montaña Roja desalination plant, despite the fact that the complainant withdrew from the complaint assuming that he was carrying out an illegal activity and the Prosecutor's Office requested the dismissal of the case," the nationalists pointed out, despite the fact that the reality is not like that either.
And it is that, in the case of seizure of the Montaña Roja desalination plant, the former councilors of Podemos in the Cabildo, Carlos Meca and Pablo Ramírez, are present as natural persons. In fact, as already recalled, nine days after the new Cabildo was constituted and the Podemos group was dissolved, Pedro San Ginés himself and the former secretary of the Corporation, Francisco Perdomo, tried to have the case declared null, questioning the legitimacy of the indictment, which had been filed a year ago in the name of Carlos Meca and Pablo Ramírez.
Specifically, they argued that who was present in the procedure was "the Podemos political group" and that this "had not filed an accusation". A claim that was rejected by the Court, which pointed out that Meca and Ramírez appeared from the first moment "as natural persons", as it appears in all the actions, "without prejudice to their status, as stated in their writings, as representatives of the Podemos political group in the Island Council of Lanzarote".