The Administrative Litigation Court has notified the City of Cartagena today of a ruling by which it refuses the appeal of the councilor of the Corporation, Pilar Marcos, against the alleged refusal, due to administrative silence, of its request to review ex officio the extension of the water contract, agreed in November 2003, and which, according to the councilor, suffered from vices of radical nullity.
Among the legal arguments the author argues that "the condition of councilor does not grant the plaintiff legitimacy for the ex officio review of an Agreement of November 12, 2003 on contractual matters, which has been firm for a long time ( almost fifteen years). "
It also recalls what was established by the Administrative Contentious Chamber of the Supreme Court, in the sense that "it is not legitimate to understand that petitioner interested in an ex officio review of a firm administrative act based on a mere interest in legality, in need of determined relationship with the question ".
For this, according to the order, the councilor should have voted against the agreement;
but in 2003, it did not belong to the Municipal Corporation.
It is also noted that the council "lacks legitimate, personal and individual interest in the agreement of revision of office beyond their interest in ordinary legality or in a political interest whose defense, democratic and legitimate, must be channeled through other channels before the organs in which it exercises its ordinary political representation ".
Finally, the order also rejects the legitimacy of councilwoman Pilar Marco as a neighbor of the municipality of Cartagena, since "there is no public action in the matter of hiring" and they are not "questioning their specific rights and interests."
Source: Ayuntamiento de Cartagena