Justice knocks down the lawsuit against WTO elections

The vice president of the WTO, Isabel Moya.

The elections to renew the dome of the Collegiate Medical Organization (WTO) of last year were carried out under the principles of legality. The Superior Court of Justice of Madrid has dismissed an appeal filed against the appointment of Isabel Moya as vice president of the institution after winning the elections. The judges have ruled out that there have been problems of incompatibility in accessing his new position.

The lawsuit filed by his rival, Fernando Vizcarrosought to declare the appointment null and void since the person involved also held the position of president of the Official College of Physicians of Alicante (COMA), to which resigned once the results were released of the elections. The appeal was protected by article 10 of the Statutes of the institution to justify that the candidate was “ineligible” at the time the elections were launched.

However, this position has already been rejected by the Election Board of the General Council of Official Colleges of Physicians that dismissed the first administrative claim route. “He is correct in qualifying the claim as extemporaneous, which leads us to dismiss the contentious-administrative appeal”, the judge has now pointed out Carlos Vieites in the judgment to which he has had access Medical Writing.

The plaintiff had requested that the process be declared null and void in order to proclaim the next candidate as Vice President or call the members back to the polls. Moya had prevailed in the votes with an advantage of 27 votes in favor, versus 17 of vizcarro, 14 of Vincent Matas and 5 blank. “It makes no sense to treat better the one who seeks the exclusion of another than the one who asks for his own admission”, reads the sentence.

Moya resigned from his post after the elections

The WTO had argued in its defense that Moya resigned from his position at the Alicante College of Physicians once the result of the elections was announced but before his proclamation took place to avoid any incompatibility. The institution has insisted that it is a usual “custom” that has remained “unaltered” over the years. “The subsequent resignation has been accepted”have raised.

She complied with what was established to be able to be a candidate and once proclaimed elected to the positioncomplied with the provisions of article 10 of the CGCOM Statute and took office within a month from its proclamation, not being immersed in any incompatibility to hold the position of First Vice President of CGCOM”, they added.

The Contentious Chamber has also forced the appellant to face a maximum payment of up to 1,500 euros plus VAT for the payment of court costsor after the court has not granted you reason. The ruling, in any case, is subject to another appeal that must be filed within a maximum period of 30 days.

Although it may contain statements, data or notes from health institutions or professionals, the information contained in Medical Writing is edited and prepared by journalists. We recommend the reader that any questions related to health be consulted with a health professional.

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