Judge Rejects Appeal by EU-Podem Spokesperson, Denies Rights Violation in Alicante Council Meeting

The Administrative Court No. 2 in Alicante has dismissed the appeal filed by EU-Podem spokesperson Manuel Copé, regarding alleged violation of fundamental rights to public office access. The court confirmed that the City Council correctly summoned the councillor for the municipal plenary session on January 30, which ultimately did not take place due to a judicial decision.

The ruling, notified this Monday, maintains that Article 23.2 of the Spanish Constitution was not violated. It dismisses Copé's appeal while deeming the actions of the Alicante City Council lawful.

The judgment states that "the Alicante City Council has demonstrated" that it convened the meeting in accordance with the Municipal Plenary Organic Regulations. It adds that the claimant did not cite any provision in his appeal that requires personal notification: "The summons (Article 76 of the Municipal Organic Regulations) can be communicated electronically and are considered made once available in the respective electronic mailboxes. The City Council (Article 54 of the same regulation) provided the claimant's Political Group, and all others, with an email address and mailbox for notifications and communications," the ruling adds.

Subsequently, the judge argues that the claimant "seems to suggest that, in the communication sent to the mailbox, he was not included in the list of Group members." Copé is the sole representative of EU-Podem in the City Council. The judge concludes that "even if that were the case, the summons was made in the legally prescribed manner, and any issue should have been communicated to the Plenary's General Secretariat or even raised at the plenary session itself before it began."

Against this ruling, an appeal can be filed within 15 days of its notification to this court for resolution by the Administrative Chamber of the Valencia High Court of Justice.

The Legal Advisory Councillor, Manuel Villar, expressed satisfaction with the dismissive ruling and emphasised that the City Council has always respected Copé's right to participation, as well as that of all municipal corporation members. "As the ruling states and as we explained initially, we have faithfully complied with the Municipal Organic Regulations and the Local Regime Bases Law regarding the January ordinary plenary session's summons," Villar stressed.

Meanwhile, the complainant offers a completely opposite interpretation. The municipal group states in a press release that "although the judicial ruling dismisses the appeal, it does not deny the effective exclusion suffered by its representative." According to the group, the ruling "does not refute the reported facts" and, therefore, "violated the right of its municipal spokesperson to act as a councillor by excluding him from an ordinary plenary session."

Copé claims that "the ruling endorses a formality that allows political exclusion through the back door, without denying the facts, but hiding behind the fact that the communication was sent to the political group's email, even though they knew perfectly well that I was not listed as summoned." The municipal group asserts that it was not an error but a premeditated action by the Popular Party's government team. "They knew it and allowed it. It was not an administrative error; it was a political decision," the councillor maintains.

"The Alicante City Council consciously and deliberately excluded a public representative from performing his duties, despite his administrative situation being duly justified. This cannot be considered normal in a democracy," declared the EU-Podem spokesperson.