The Supreme Court has confirmed the sentence to five months of suspension of employment to a captain of the Civil Guard who worked at the same time for the airline Vueling as a pilot, without the authorization of the armed institute.
The Military Chamber has handed down a sentence that dismisses the officer's appeal against the sentence of the Central Military Court, which confirmed the resolution of the Minister of Defense that imposed the disciplinary sanction of five months of suspension of employment for the very serious lack of "development of any activity that violates the rules on incompatibilities".
The sentence relates that the capital of the Civil Guard, then a lieutenant and stationed at the Barcelona-El Prat Airport, maintained an employment relationship as an aircraft pilot, with the airline Vueling, without having the mandatory authorization to do so, nor having requested compatibility.
Since his return to active duty in April 2020, after a leave of absence, until August of the same year, the captain has flown more than thirty commercial Vueling flights, most of them to national destinations but also to Milan or Paris, according to It appears in the schedules sent by the airline.
Likewise, there is evidence of their employment registration with the airline and the unemployment benefits received. Only once the facts were known did the officer request support.
In his appeal, the officer maintained that the private activity he was accused of, without having previously obtained the relevant authorization, is not one of those established in the regulations as incompatible with his activity in the Civil Guard, because, otherwise, a Once he requested compatibility to carry out such an activity, it would not have been granted, as was the case, and that the intent required by said disciplinary type has not been proven.
The Supreme Court does not understand it that way, citing the Law on Incompatibilities of Personnel in the Service of Public Administrations and the Royal Decree on incompatibilities of military personnel of the Armed Forces and the Civil Guard.
Both regulations state that the exercise of professional, labor, commercial or industrial activities by members of the Civil Guard outside the Public Administrations will require prior recognition of compatibility, for which it is necessary and essential that compatibility has been expressly requested by the interested party. , except in the case of activities exempt from authorization.
Consequently, it is considered that carrying out a private activity without having previously requested compatibility is recriminable according to the Disciplinary Regime of the Civil Guard, since not requesting the prior and necessary authorization implies carrying out an activity that violates the rules on incompatibilities.
