Post by account_disabled on Feb 19, 2024 22:07:33 GMT -8
The magistrate-judge of the Contentious-Administrative Court 33 of Madrid, Loreto Feltrer Rambaud , has dismissed the lawsuit filed by the lawyer Miguel Durán against the Madrid Bar Association (ICAM) and the Council of Bar Associations of the Community of Madrid, for admitting the candidacies of Eugenio Ribón, María Dolores Fernández, Emilio José Ramírez, José Ignacio Monedero and Raúl Ochoa in the ICAM elections held last December .
According to the plaintiff, these candidacies should not have been accepted , understanding that all the candidates concerned, who were part of the ICAM Fax Lists Governing Board, had to have resigned when they stood for election . Durán considers that these candidates had incurred incompatibility for not having resigned from their positions on the Government Board, as a prerequisite to participate in the electoral process.
The ICAM Electoral Commission rejected the plaintiff's claim by Agreement of November 14, 2022, which was confirmed by the resolution that was challenged in this process.
In his claim, Durán, who was also a candidate for dean of ICAM in the last elections, understood that the application of article 79.3 of Royal Decree 135/2021 , of March 2, which approves the General Statute of the Spanish Lawyers (EGAE), demands the resignation of the candidates in the ICAM electoral process , who were part of the outgoing Government Board in order to be eligible for the aforementioned process.
In this sense, he explains that one of the candidates, Juan Gonzalo Ospina , who acted as a witness in this process, did understand his obligation to resign as a deputy of the Government Board to participate in the new electoral process . He also bases his interpretation on a complaint filed by another member of the college about Ribón's performance as a candidate.
According to the plaintiff, these candidacies should not have been accepted , understanding that all the candidates concerned, who were part of the ICAM Fax Lists Governing Board, had to have resigned when they stood for election . Durán considers that these candidates had incurred incompatibility for not having resigned from their positions on the Government Board, as a prerequisite to participate in the electoral process.
The ICAM Electoral Commission rejected the plaintiff's claim by Agreement of November 14, 2022, which was confirmed by the resolution that was challenged in this process.
In his claim, Durán, who was also a candidate for dean of ICAM in the last elections, understood that the application of article 79.3 of Royal Decree 135/2021 , of March 2, which approves the General Statute of the Spanish Lawyers (EGAE), demands the resignation of the candidates in the ICAM electoral process , who were part of the outgoing Government Board in order to be eligible for the aforementioned process.
In this sense, he explains that one of the candidates, Juan Gonzalo Ospina , who acted as a witness in this process, did understand his obligation to resign as a deputy of the Government Board to participate in the new electoral process . He also bases his interpretation on a complaint filed by another member of the college about Ribón's performance as a candidate.