The ex-minister and ex-secretary of Organization of the PSOE PSOE José Luis Ábalos has claimed to the Federal Executive Committee of the Socialists that to archive the file by means of which all his rights as a member were terminated and he has alleged that the legal time limits have expired.
Ábalos requested in September to the management of the PSOE to declare this file null and void.The company, which issued six months ago the precautionary suspension of militancy, and now has presented allegations against it for to have all his rights returned to himThe company has also challenged the instructor of the disciplinary proceedings aimed at his expulsion from the organization, Alberto Cachinero.
The PSOE suspended militancy of the former Minister of Transport in February, after the alleged involvement of his former advisor was made public. Koldo García in a scheme to profit from the purchase of masks during the pandemic, and has since requested reinstatement as a member.
According to the document, he thus asks again the Federal Executive Committee of the Socialists that all his rights be returned to him as a member on the grounds, among others, of a ruling by the Supreme Court which urges the exercise of actions within a legally established period of time in order to “satisfy the principle of legal certainty”.
“Late” communication
“Accordingly, the forfeiture rests on the need for administrative proceedings are completed within a reasonable time.The Ábalos brief states that “it is absolutely contrary to any basic principle of minimum respect for fundamental rights that there should be a time limit for the expiration of administrative procedures”.
He adds that the doctrine of the SC points out that “the expiration of the sanctioning procedures is a legal institution with which it is intended to avoid unjustified delay” by understanding, he remarks, that the subjects are in “an unfavorable situation that should not unduly lengthen the sanctioning administration”.
Ábalos also argues, among other issues, that. the communication of the opening of his file (March 5) was late and occurred a week after it was initiated (February 27), giving him a period of only 24 hours to resign his seat. For this reason, he reiterates that he cannot be accused of “having obstructed the work and decision” of the party bodies, since he was not aware of it until several days after the opening of his file.