The speed with which the administration has handled retirement for permanent disability police José María Ballesteros is striking because it occurs when it is a final judgment of the Supreme Court which automatically entails loss of official status [read the judgment in PDF]. That strength is what determines the time which is expelled from the body: the government, which claims to have not received the resolution, it provides access to social benefits a privileged system-for the calculation of the pension will be . quoted by all the years left until you meet the retirement age, against which would have had to have been separated from the service
This is already charged him forever without suffering the injury to his contribution base would have meant expulsion and Executive relieves the pressure on his pardon, and perhaps other sensitive situations.
- What effect does the Supreme Court ruling
- Police Enrique Pamies , currently chief superior Huesca , and José María Ballesteros, until now Chief Inspector stationed in La Rioja , were sentenced to a year and a half in prison and four years of disqualification. Both lack of background, circumstance facilitated the imprisonment is suspended, what will happen without a doubt. The prohibition, however, involves the loss of official status as the decision is final, pursuant to Article 66 of the Basic Statute of the Public Employee (the Law of Civil Servants , in force at the time of the tip, was identical in this respect). The strength comes from the moment in which the sentence has been served on all parties and expiry of the period for raising resources. In this case, has not shown any.
- When the loss of status occurs Police
- Case law has established in this regard that the criminal judgment operates as a condition subsequent and therefore automatically: in that it is firm. You need not even wait for the providence with which the Supreme inform that firmness. The Ministry of the Interior should therefore enforce the removal as soon as it is communicated (the Supreme conviction must put their knowledge). To do this, Interior does not have to follow any administrative procedure, but simply resolve the loss of official status, because there is a sanction motivated by a disciplinary offense, but the exercise of a statutory power for lack of fitness occurrence. Expulsion on via the Basic Statute of Public Employees has nothing to do with the disciplinary proceedings to be opened against the police as a result of processing and had been suspended pending the Supreme. It is based on the potential gross misconduct of Article 7 of the Disciplinary Act National Police , which relates to the commission of a criminal offense related to the service. As Pamies and Ballesteros were expelled or left the body, that file will lose its purpose and would be filed.
- What is the situation where Ballesteros is now?
- is he who, in the judgment after receiving their expulsion involved and immediately after requesting clemency days, has called for permanent disability retirement. To do this, he had to prove in record time, a “pathological lesion or somatic or psychological process that is stabilized and irreversibility or reversibility remote or uncertain, which makes it impossible fully to perform his own body functions.” To calculate the pension for permanent disability is allowed to be considered as service, plus accredited so far, the years that smother to meet the retirement age.
- ¿It was to be any chance that they might not be driven
- A priori, only one: the pardon. Ballesteros has requested that measure of grace to the Government with the aim that it repeal the sentence of disqualification. At the same time, he had asked the trial court-the Audiencia Nacional – suspend execution of the sentence, then you will get all likelihood. While this situation is maintained, the police retain all their rights intact as official. “I was just following a police role, superior orders,” read the letter of clemency. Surprisingly, only a few days later asked to retire.
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