The National Court has given the rationale for an attraction introduced by the Colonel of the Civil Guard Manuel Sánchez Corbí, who was answerable for the UCO from the place he was dismissed, in order that the Ministry of the Interior grants him the silver cross for the benefit of the physique for the work that he and different colleagues wrote in regards to the struggle towards ETA.
According to the ruling, the central court docket for Administrative Litigation quantity 5 of the National Court considers the choice of the Interior to award Corbí the white cross, of lesser recognition, “not in accordance with the legislation” as an alternative of the silver cross that it awarded to 5 different brokers who additionally participated within the elaboration of the ebook “Historia de un desafío”.
The Justice of the Peace acknowledges in her sentence that, even supposing decorations are a discretionary energy of the Administration, there’s a violation of the precept of equality of article 14 of the Constitution, as a result of completely different remedy given to equal conditions.
Greater involvement and participation
Moreover, he maintains that the brokers awarded with the silver cross had “much less involvement and participation” than the colonel who was “essentially the most deserving” of mentioned recognition, as additionally evidenced by the agent co-author of the ebook Manuela Simón.
Thus, the National Court upholds the attraction filed by the colonel, annuls the decision of the Ministry of the Interior and obliges him to award him the Silver Cross of the Civil Guard’s order of benefit.
Corbí was dismissed on August 1, 2018 by the Secretary of State for Security and quantity two for the Interior, Rafael Pérez, as a result of lack of confidence when an e-mail he despatched to the completely different items was disclosed wherein he knowledgeable that the safety had been exhausted. UCO reserved funds field, due to this fact the actions associated to that merchandise have been suspended.
After that, the colonel appealed in cassation to the Supreme Court, which rejected his attraction and confirmed in 2022 the decision of the National Court, which endorsed the legality of his dismissal.
Sánchez Corbí left the Civil Guard in February of final yr after 35 years of service within the armed institute which, within the worst years of terrorist exercise, led him to guide the struggle towards ETA in cooperation with the French safety forces, a rustic which awarded him the very best distinction, the Legion of Honor.
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