Nos complace informaros que nuestro despacho ha ganado la sentencia frente al Tribunal Superior de Justicia de Madrid (TSJM), en la que se ha aplicado por primera vez la Directiva de protección de denunciantes de corrupción. El tribunal ha ratificado este martes la sentencia del Juzgado de lo Contencioso número 27 de la capital que anulaba el cese del que fuera director de Hacienda, Transportes y Movilidad del Ayuntamiento de Móstoles, tras denunciar un presunto caso de corrupción.
Se convierte en la segunda sentencia de España y la primera sentencia de un Tribunal Superior de Justicia que hace referencia a la Directiva comunitaria de protección del denunciante de casos de corrupción.
Resulta oportuno hacer al hilo de estas reflexiones una breve referencia a la Directiva2019/1937 del Parlamento Europeo y del Consejo, de 23 de octubre de 2019, relativa a la protecciónde las personas que informen sobre infracciones del Derecho de la Unión. Entre sus considerandos,se destaca el especial papel de los denunciantes de irregularidades, dado que en su condición detrabajadores son los primeros en tener conocimiento de las mismas, por lo que desempeñan un papelfundamental en la lucha contra dichas irregularidades. […]
En cuanto a la protección de los denunciantes, la Directiva apuesta por la necesidad deimplementar medidas de protección efectiva para evitar represalias contra los mismos (considerandos87 y siguientes). Tras elaborar un amplísimo listado de actuaciones prohibidas (artículo 19),establece diversos mecanismos de protección, entre los que destaca la distribución de la carga de laprueba en tales supuestos, exigiendo que sea quien impone la medida perjudicial el que debaacreditar que su actuación se encuentra desvinculada de la denuncia (artículo 21.5). La reparación delos denunciantes debe ser íntegra (artículos 21.8 y 23.2), real, efectiva y disuasoria, hasta el punto deestablecerse que “proporcionar una indemnización como alternativa a la reincorporación en caso dedespido podría dar lugar a una práctica sistemática, en particular en las organizaciones de mayortamaño y, por tanto, tener un efecto disuasorio en denunciantes futuros” (considerando 95). […]
La Sección Primera de la Sala de lo Contencioso-Administrativo del TSJM desestima así el recurso de apelación interpuesto por el Ayuntamiento de Móstoles y el Ministerio Fiscal y confirma el derecho del exdirector de Hacienda de Móstoles a ser indemnizado por daños morales con la cantidad de 8.000 euros.
Sergio G. D. S., representado por De la Riva y Pastor Abogados, denunció en julio de 2018 supuestas actuaciones delictivas cometidas por autoridades y funcionarios del Ayuntamiento de Móstoles y, horas después, fue cesado por pérdida de confianza. Lee la sentencia completa haciendo clic aquí.
Los medios de hacen eco de esta importante Sentencia
Varios medios de comunicación nacionales y regionales se han hecho eco de esta noticia, te invitamos a ampliar la información en los siguientes enlaces:
- Europa Press titula: «El TSJM anula el cese de un cargo de confianza que denunció un caso de presunta corrupción en Móstoles»
- El Diario ABC titula: «El TSJM anula el cese de un alto cargo que denunció un presunto caso de corrupción en Móstoles»
- El Diario del Derecho de IUSTEL titula: «El TSJM anula el cese de un cargo de confianza que denunció un caso de presunta corrupción en Móstoles (Madrid)»
- El medio Noticias para Municipios titula: «Ratifican la anulación del cese del exdirector de Hacienda que denunció irregularidades»
Si desea ampliar la presente información, no dude en ponerse en contacto con nuestro despacho enviando un email a despacho@delarivaypastor.com o bien llamando al 91.771.02.25
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