The Contentious-Administrative Court No. 3 of Las Palmas has dismissed the appeal filed by the PP councilor, José Pablo Lemes, in which he requested that the challenged resolution be annulled and the Administration be urged to create an Office or Project Supervision Unit.
The PP councilor went to court after his request was rejected in the appeal for reconsideration filed against the agreement of the Plenary of the Tías City Council, on September 18, 2007, by virtue of which the motion presented by his party for the creation of the Project Supervision Office was rejected.
The PP councilor based his request for annulment on what he understood as a manifest illegality of the challenged agreement, by violating a rule that he considers mandatory. However, the court rejects this approach, arguing that the precept that regulates the creation of these offices is not basic legislation and, therefore, the allegation cannot be admitted, as it is neither mandatory nor binding.
According to the City Council, the Magistrate Judge also recalls that the Supreme Court has been maintaining that the self-organizational power of the Public Administrations attributes to them the power to organize the services in the way they deem most convenient for their greater efficiency, a power in which the discretion that dominates its exercise is characteristic, not to be confused with arbitrariness, which is always prohibited.
The mayor of Tías, José Juan Cruz, welcomes this new judicial decision and criticizes the behavior of the PP for "taking all municipal decisions to the courts, despite the little success achieved". According to Cruz, "they are more like fairground shotguns, shooting everywhere to see if they accidentally hit the target, a behavior that is more like the practices of an inexperienced lawyer than a party of national relevance like the PP".
