A new resolution of the Justice of Aragon has revealed a dual legal compliance by the Department Chair, and more specifically by the Directorate General of Public Service, "referring to the period for withdrawal of tenders of merit for provision of jobs and the duty to inform the Justice of Aragon in its monitoring and control of administrative action.
If it is regrettable that the resolution limits are not met, as in the case referred to contest the decision of Justice ", and that fact should be cause for requiring administrative responsibilities to bodies holders of such proceedings, we must insist again that it is inadmissible in which a Department of Aragon Government, and precisely, the Presidency, does not at the Justice of Aragon proper collaboration in the exercise of their functions control.
It would seem that it was an unjustifiable anomaly starts to become a habit, possibly because those in charge of the Presidency have found that nothing happens for violating laws, "producing what might be described as" banality of illegality ", a phenomenon we must categorically reject all possible, since this way of proceeding, and culture it generates-is a deadly element to the public and the rule of law itself.
is reproduced below the letter to the Minister of Presidency because of that decision by the Justice of Aragon:
"Hon. Minister of Presidency Ms.
Department Chair
Government of Aragón Zaragoza, April 7, 2011.
Dear Madam:
On February 4, 2011, the Justice Department Aragon led to the suggestion for the settlement of merit competitions for the provision of jobs in the period determined by the rules applicable to the hearing of a complaint in finding that a competitive call was published in the Official Gazette of Aragon on April 15, 2009, and should have been resolved on July 2, 2009, three months after the deadline for submission of the request - was not resolved at the time of delivering the suggestion of Justice, despite having spent some twenty-two months.
According to what is stated in Article 42 of Law 30/1992 of 26 November, the Legal Regime of Public Administrations and Common Administrative Procedure, the heads of the bodies responsible for investigating and resolving procedures are directly responsible for compliance the duty to issue a clear decision on time. That provision also provides that failure of this requirement will result in the requirement of administrative responsibility.
Furthermore, the suggestion said that despite the repetition made, the Department Chair has not provided the Justice of Aragon the required information on the processing status of that competition, which constitutes a breach of the duty to cooperate with the institution set out in Article of Regulation Act and is also connected with the principle of institutional loyalty, although this is one of the operating principles contained in Article 5, Administration Law of the Autonomous Community of Aragon.
The double failure that emerges from the above the suggestion of Justice of Aragon reveals the alarming mode of action of the organs of that Department, which is why we ask you to take the necessary steps to correct both the failure to meet deadlines set for development process of appointments and the lack of cooperation with the Justice of Aragon in the development of their monitoring and oversight of administrative activity.
not seem plausible that a Department like the Presidency, in which precisely the powers residing in institutional relations, do not worry about their duties scrupulously collaboration with the Justice of Aragon and ensure that such compliance is generally set by the bodies of the other Departments of the Government of Aragon.
Thank you for your attention, Yours faithfully. Guiral Pelegrín
July. President of the Association for Civil Defense Aragonesa "
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