She says that she does not meet the legal requirements: “If she is a lawyer of recognized competence, anyone can be one”
MADRID, 10 Nov. (EUROPA PRESS) –
The Hay Derecho foundation has filed two appeals, one in the Supreme Court (TS) and another in the National High Court (AN), against two appointments recently made by the Government, that of Magdalena Valerio as president of the Council of State and that of Mariano Bacigalupo as a member of the National Securities Market Commission (CNMV), considering that they do not meet the legal requirements to perform their respective positions.
As reported by Hay Derecho in a statement, he has gone to the TS because he does not believe that Valerio’s appointment is in accordance with the law because article 6 of the Organic Law of the Council of State establishes that its president must be a “jurist of recognized prestige” that he has “experience in state affairs”, and rejects that the former socialist minister meets the first requirement.
“If Ms. Magdalena Valerio is a jurist of recognized competence, anyone can be one”, affirms the foundation in its press release, explaining that “she is an official of the Social Security Management Body and neither during her first administrative career nor in her political career He has held positions that allow him to be considered a jurist of recognized prestige”.
Hay Derecho recalls that the Supreme Court has established that “the notion of jurist of recognized prestige, due to its open nature, is likely to be understood in various ways, but only one is appropriate.” “That is, we are facing an indeterminate legal concept, which does not mean that there is not a single solution in the specific case. Therefore, it is not something debatable or subjective,” he defends.
In his opinion, “at least it would be necessary that it be a person who is dedicated to the world of law in a professional manner and who accumulates a certain number of years in said exercise.”
“If it is preferred that the Council of State be chaired by any person with experience in State affairs, even if they are not a lawyer of recognized competence, even if they are an architect, engineer or doctor, the correct thing to do is to modify the law”, says the secretary general of There is Law, Elisa de la Nuez.
Hay Derecho has also appealed in the AN the appointment of Bacigalupo as a member of the CNMV, “after having ceased as a director of the CNMC”, also understanding that he does not meet the legal requirement of being a person of “recognized competence in matters related to the stock market”.
“From the professional career of Mariano Bacigalupo, professor of administrative law, the existence of this recognized competence does not emerge”, affirms the foundation.
Although he acknowledges that “people with recognized competence have not always been appointed to the CNMC and the CNMV, as required by their regulatory rules”, he stresses that “it is the first time that a jump of these characteristics has taken place: from a body regulator in which the mandate it holds is about to expire to another regulatory body with a full mandate ahead.
In addition, he draws attention to the fact that he is the husband of the Minister for the Ecological Transition and the Demographic Challenge, Teresa Ribera, which is why he understands that “caution should be exercised due to the obvious possibility of a conflict of interest”.
“In our opinion, this type of appointment highlights the accelerated institutional deterioration that Spain is experiencing, as well as the non-observance – beyond the formalisms that are still respected – of the legal requirements demanded,” warns De la Nuez .
In two appeals, to which Europa Press has had access, Hay Derecho asks the Contentious-Administrative Chambers of the Supreme Court and the National High Court to claim the administrative files of both cases from the Government.
The same sources state that the Supreme Court has already claimed the administrative file on Valerio’s case from the Ministry of the Presidency, while the National Court has previously opted to give the parties 30 days to rule on the active legitimation of Hay Right. to appeal the appointment of Bacigalupo.
In its statement, the foundation is aware that said courts could rule that it lacks standing to challenge both designations, already warning that, if that happens, “it means consecrating the impossibility of anyone being able to request jurisdictional review of this type of appointments, given the slim chance that anyone directly affected will be able to challenge them for obvious personal and professional reasons”.
“In this sense, we consider it fundamental to recognize the active legitimacy in this type of resources to organizations such as Hay Derecho, which has statutorily entrusted among its objectives the defense of the rule of law through the filing of relevant jurisdictional resources”, claims Hay Right. .
