Post by account_disabled on Feb 20, 2024 1:07:40 GMT -5
The ruling states that “there are two fundamental aspects of this regulation, the first of which is that it does not include the lack of resignation of the members of the Governing Board as a cause of ineligibility of the candidates. Cause that would be necessary to include if it were as categorical as intended by the actor in this process, and affected the principles of equality and transparency that must govern any democratic electoral process."
Furthermore, the ruling recalls the Fax Lists subsidiary nature of the EGAE, since it will only govern in the absence of “autonomous regulations and in the absence of specific provision in the statutes of each school.”
“ The interpretation offered by the witness, nor his actions, adds nothing to this debate, nor is it relevant that there are other Colleges with similar and even identical rules to those contained in article 79.3,” the ruling states .
Thus , in the judge's opinion, article 31.3 of the ICAM statutes, which establishes that the Governing Board remains in office during the electoral period, prevails over article 79.3 of the EGAE.
The entire appeal, which was not against the electoral results but against the proclamation of the candidacies, so that the democratic result would have prevailed , was based on the supposed obligation that article 79.3 of the EGAE established for the candidates who were members of the Board of Government to resign before presenting his candidacy.
As explained by the Madrid Bar ociation in a note, “ ICAM, from the first moment, alleged that the article was not applicable in this case, since the ICAM statutes prevailed over the EGAE. Specifically, article 31.3 of the ICAM establishes that the Dean and his Governing Board will remain in office before the electoral call.
“ The ICAM statutes do not contain any restrictions on eligibility and do not require resignation . The General Statute of Spanish Lawyers (EGAE) contains this provision because there are ociations that elect their positions partially. It is not the case. The proclamation of candidates was correct, since the ICAM statutes prevail over the EGAE. "No one has challenged the electoral result, so the democratic principle prevails, that is, the will of the collegiate voters," ICAM defended when the appeal was filed.
Furthermore, the ruling recalls the Fax Lists subsidiary nature of the EGAE, since it will only govern in the absence of “autonomous regulations and in the absence of specific provision in the statutes of each school.”
“ The interpretation offered by the witness, nor his actions, adds nothing to this debate, nor is it relevant that there are other Colleges with similar and even identical rules to those contained in article 79.3,” the ruling states .
Thus , in the judge's opinion, article 31.3 of the ICAM statutes, which establishes that the Governing Board remains in office during the electoral period, prevails over article 79.3 of the EGAE.
The entire appeal, which was not against the electoral results but against the proclamation of the candidacies, so that the democratic result would have prevailed , was based on the supposed obligation that article 79.3 of the EGAE established for the candidates who were members of the Board of Government to resign before presenting his candidacy.
As explained by the Madrid Bar ociation in a note, “ ICAM, from the first moment, alleged that the article was not applicable in this case, since the ICAM statutes prevailed over the EGAE. Specifically, article 31.3 of the ICAM establishes that the Dean and his Governing Board will remain in office before the electoral call.
“ The ICAM statutes do not contain any restrictions on eligibility and do not require resignation . The General Statute of Spanish Lawyers (EGAE) contains this provision because there are ociations that elect their positions partially. It is not the case. The proclamation of candidates was correct, since the ICAM statutes prevail over the EGAE. "No one has challenged the electoral result, so the democratic principle prevails, that is, the will of the collegiate voters," ICAM defended when the appeal was filed.