The Superior Court of Justice of Madrid (TSJM) has given a good reprimand to CCOO and has accused him of acting in “bad procedural faith” in an appeal filed against the decree of evaluation, promotion and qualification of ESO, Bachillerato and Vocational Training of the Community of Madrid.
In a very hard car to which OKDIARIO has had access, the magistrate Maria del Pilar Garcia Ruiz condemns the union to pay costs, a total of one thousand euros plus VAT, for having tried to deceive the court by asking it to apply the very precautionary measure of suspending the application of that decree in response to issues of “special urgency” due to the proximity of the end of the course.
However, in the order the magistrate affirms that the union was fully aware that this decree had been applied since last November but deliberately hid it from the court.
«The absolute omission of such a mention, together with the expression, on the contrary, of circumstances of special urgency due to the proximity of the final evaluations, take on special relevance in this case since, in addition, the aforementioned Resolution of the Vice-Ministry had been object of appeal -without request for suspension regarding the same precepts and subsections that it is now discussing- by the plaintiff Union itself before this same Chamber in PO 2239/2021. », the document states.
In addition, there the rapporteur reveals that the same resolution by which the aforementioned decree has been in force since last year was also the subject of an appeal by the CCOO “without a request for suspension”.
“Such an omission can be conceptualized procedural bad faith well, knowing how he knew the Union applicant that the contested provisions were not new neither for the centers nor for the teaching teams of the Community of Madrid, no mention made of it to enlighten this Chamber so that the alleged urgent circumstances and the concurrent interests could be duly weighed, “he adds.
With these arguments, the order concludes the suspension of the most precautionary measure of the suspension of the decree. “In any case, the fact that the provisions were known in educational centers and applicable since November 2021, without having been subject to suspension in court, should lead to reverse the terms of our reasoning and, therefore, already anticipates, to lift the precautionary measure of suspension agreed in a very provisional way, “he explains.
In addition, it agrees to impose the costs to the union. “Given the nature of the litigation and the specific activity carried out by the parties, limit the amount that, for all concepts, the opposing party must pay the costs, up to a total maximum figure of one thousand euros, plus the amount that in concept of VAT corresponds to the amount set”, he concludes.
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