The High Court of Justice of Catalonia (TSJC) has issued a ruling that puts an end to years of litigation. It confirms the absolute nullity of the selection process for the Sabadell Municipal Police Canine Unit . The ruling ratifies the previous 2023 decision, describing the actions of the local administration and the then-chief superintendent of the force, Joan Antoni Quesada, as “ arbitrary .”
This resolution represents a legal victory for agent AH, delegate of the UGT-SP union, who has had the legal representation of Vosseler Abogados throughout the judicial process.
Bad practice
The case dates back to late 2020, when Officer AH applied for a position in the Canine Unit after an impeccable track record. Despite the technical interviewer (inspector) deeming AH the “ideal” candidate , Superintendent Quesada halted the process without justification. Months later, he awarded the position to another officer with less training and experience in the Canine Unit.
The TSJC ruling now confirms that there was a predetermined and biased decision . It also validates the testimonies that denounced pressure and threats from management to alter technical reports in order to favor a specific candidate.
As the ruling specifies, the administrative action, in addition to being arbitrary, lacked adequate justification . It reaffirms that discretionary power must be exercised with justification and without arbitrariness.
Legal assessment
“This ruling is a victory for the rule of law in controlling discretionary decisions,” says Lluís Domingo, a lawyer at Vosseler Abogados who led the officer’s defense. “The High Court of Justice of Catalonia (TSJC) is clear: a public servant’s labor rights cannot be violated through arbitrary decisions that do not seek what is best for the public service.”
“Justice has been served for a professional. He was denied his right to promotion due to a decision that the Court has no hesitation in calling arbitrary. This serves as a necessary warning against malpractice in public administration,” concludes Lluís Domingo.
The courts have thus determined that, although the administration has organizational authority, it must always be subject to the law and to criteria of merit and ability, never to personal discretion . This is what happened in the case of the Sabadell Canine Unit, leading to the annulment of the selection process.
