DR ‹ › The Spanish National Court upheld the decision to dismiss an employee of Moroccan origin from the National Intelligence Center, rejecting the appeal he filed against the termination of his duties. The court considered that the decision was based on security considerations linked to a loss of trust within a sensitive agency. The dismissal decision dates back to August 2023, when the center decided to terminate the employment of the individual, who had been working as a temporary employee for more than four years. An internal assessment concluded that he posed a "serious security risk," amid suspicions about his loyalty and the possibility of him being recruited by foreign intelligence services, particularly Moroccan ones. The court based its decision on the nature of work within intelligence agencies, which fundamentally relies on trust. The loss of trust justifies ending the professional relationship, even if the employee's technical competence is not in question. It also confirmed that the administration provided sufficient justification and that the individual was aware of the reasons for his dismissal, allowing him to defend himself in court. The center justified the dismissal decision with internal reports indicating behaviors deemed inconsistent with job requirements, including failure to adhere to organizational rules and confidentiality obligations, in addition to strained relations with superiors and colleagues, and negative attitudes towards the institution. The institution also noted that the employee made trips abroad, especially to Morocco, without prior declaration, which was considered a breach of security procedures. Other factors included his familial ties to Morocco, which the administration believed could increase the likelihood of him being targeted for recruitment by foreign intelligence agencies. In contrast, the individual defended himself in court, asserting that he had previously received positive evaluations and that his dismissal was not sufficiently justified. He also claimed that he was discriminated against because of his Moroccan origins. However, the court rejected these arguments, considering that the decision was not based on nationality but on a comprehensive security assessment. This falls within the discretionary powers of the administration in institutions of this type, which require a high degree of trust and reliability. After exhausting the litigation process in both the initial and appellate stages, the court upheld the dismissal decision, obligating the individual to bear the costs of the lawsuit. He announced his intention to continue appealing to the highest judicial bodies, including the Supreme Court and the Constitutional Court, and possibly the European Court of Human Rights.
