A local police officer, now retired, waits 22 years to receive compensation

The injuries suffered by the police officer were quantified in compensation set at 23,942.63 euros for an order issued in 2009. The individual who caused his injuries only paid him 2,301.43 euros and then, in 2010, he was declared insolvent.

Despite this, “actions were carried out aimed at collecting the assets”, which is why in 2021, the insolvency of the person causing the damage was declared again.

This caused the agent to claim from the City Council of Las Palmas de Gran Canaria the 21,641.2 euros that were missing to complete the compensation.

The Consistory refused at first, alleging, based on the General Budget Law of 2003, that the obligations of the Public Treasury prescribe after four yearsin this case, in 2014.

However, the Local Police agent demanded in court that the public administration take charge of the unpaid amount based on the principle of indemnity. And so, in October 2022, the Contentious-Administrative Court 3 determined that the City Council had to pay the remaining 21,641.2 euros.

The ruling is based on the jurisprudential doctrine of the Supreme Court, which states that “the injuries and damages suffered by police officers as a result of illegal actions of the people over whom they exercise, without fault or negligence on their part, the functions they are typical of their position must be compensated by the Administration, through the principle of compensation or indemnity, a general principle that governs Public employees».

The City Council of Las Palmas de Gran Canaria appealed this ruling, but in July 2023, the Superior Court of Justice of the Canary Islands once again ruled in favor of the agent.

“The indemnity of the official (…) determines that the Administration must compensate them for all damages they suffer in the exercise of their duties, provided that they have not incurred fraud or serious negligence,” the magistrates point out, “(…) This duty is not a manifestation of the patrimonial responsibility of the Administration, but is framed in the service relationship of the public employee and, therefore, has effects although the administration had no role in causing the damage».

The First Section of the Contentious-Administrative Chamber of the TSJC also rejects the municipal argument that the four-year statute of limitations had already passed. Here the magistrates remember that there were two judicial declarations of insolvency (in 2010 and 2021), hence the second date could not be ignored.

«This achievement of the legal services of the Professional Union of Local Police and Firefighters (Spplb) in claiming the right to compensation of local police officers, and that the agents be compensated by their City Council when the person causing the injuries declares insolvent, joins to the other 3 favorable rulings obtained against the City Council of Las Palmas de Gran Canaria, as well as to 2 other proceedings initiated against the City Council of Yaiza, which have not reached trial as this City Council has paid its agents,” union sources state, “All the procedures processed to claim these compensations have had a favorable resolution for the local police officers.”