The Contentious-Administrative Court Number 3 of Las Palmas de Gran Canaria has sided with the former secretary of the Arrecife City Council, Francisco Javier López Martínez, and has annulled the decree by which the mayor, Eva de Anta, removed him from these functions. In the ruling, the Court points out that this decision violated a "fundamental right" enshrined in article 23.2 of the Spanish Constitution. This article recognizes the right of citizens "to access public functions and positions on equal terms, with the requirements established by law."
At the time, the mayor alleged that this official, who held the position accidentally, did not meet "the labor category" for the position and that there was no "ratification of Public Function of his appointment." However, the Justice has now ruled in favor of López, in a ruling against which an appeal can still be lodged with the Superior Court of Justice of the Canary Islands. In addition, the ruling imposes on the Consistory the payment of the costs of the procedure.
In recent years, Francisco Javier López has served as accidental secretary of Arrecife in several periods, since there is no official designated official for this position. In 2012, under the Mayoralty of Cándido Reguera, López replaced Asenet Padrón, who was also dismissed. And at the time, a report was issued by the Public Function that, according to the City Council at the time, considered "accredited" the fulfillment of the "formal and material requirements" in the appointment of Francisco Javier López.
Afterwards, López was replaced by another official, although on June 5, 2015 he was re-appointed to the position. However, a year later, the current mayor decided to dismiss him and appoint another official in his place, Pilar Machín, who has been serving as accidental secretary since last June.
Now, Court Number 3 of Las Palmas has annulled that resolution, which would force him to be reinstated in the position, provided that the City Council does not appeal the ruling. Otherwise, we would have to wait for a final judgment to be issued.
