EU Appeals TSJCV Over Copé's Exclusion from Alicante Plenary Due to Foster Care Leave

El portavoz de Esquerra Unida en el Ayuntamiento de Alicante, Manolo Copé, ha presentado un recurso de apelación contra la sentencia del Juzgado de lo Contencioso-Administrativo nº1 de Alicante por la que se avala su exclusión del Pleno de junio de 2025. El edil eleva al Tribunal Superior de Justicia de la Comunitat Valenciana (TSJCV) la decisión del alcalde, Luis Barcala, de impedir su participación en la sesión mientras disfrutaba de un permiso por guarda con fines de acogimiento.

The Court dismissed Copé's appeal last September, considering the municipal decision "in accordance with the law." In the ruling, the judge noted that the leave requested by the EU spokesperson was entirely voluntary and approved by decree weeks before the Plenary, and that such leaves entail the temporary suspension of the relationship with the municipal corporation, being "incompatible" with political or work activities.

However, Copé argues that this legal decision is based on a misinterpretation of the law regarding the consequences of exercising leave for the birth and care of a minor by elected officials.

Additionally, the appeal highlights that there is no regulation allowing the suspension of a public official's representative mandate for exercising a right to reconciliation. It also criticises the application of labour criteria to a field, that of political representation, which has a completely different legal nature.

The EU-Podem councillor has pointed to other examples of municipal regulations such as those in Madrid or Benidorm, which explicitly recognise the participation and voting rights of councillors on leave for the birth or care of a minor. "Exercising reconciliation rights cannot be a reason to deprive a democratically elected councillor of voice and vote," they stated from the municipal group.

For this reason, he has requested that the TSJCV overturn the challenged ruling and declare the mayor's resolution null, restoring the spokesperson's right to participate, intervene, and vote in the Plenary, on equal terms with the rest of the councillors.

"We will defend to the end that no public official sees their mandate limited for exercising their right to care and reconcile. This case sets an important precedent for democracy and for real equality in institutions," stated Manolo Copé.

With this appeal, Esquerra Unida Podem seeks for the TSJCV to establish a clear doctrine that guarantees full compatibility between the exercise of family rights and political representation throughout the Valencian Community.

"Preventing a councillor from voting in the Plenary while on foster care leave is a democratic setback and an obstacle to reconciliation. Responsible parenthood cannot be penalised. Democracy cannot penalise care; it must protect it," he concluded.