Toscano bases her challenge on the belief that VOX's National Executive Committee lacks the necessary powers to dismiss or change the spokespersons of municipal groups. According to the councilwoman, her expulsion occurred after she refused to comply with an order she deemed «unjust» and «illegal»: to remove Ortega Smith from the municipal group's spokesperson position.
In an extensive statement published on the X platform, the councilwoman explained that the sanction is a direct consequence of her refusal to comply with an instruction from the party's national leadership, which, in her opinion, could not be legally executed. She argues that neither the National Executive Committee nor a political party has the authority to make such decisions within the internal structure of a municipal group.
“"I could not and should not obey what I consider an illegality, even if it came from my party's leadership."
The councilwoman supports her position with the Municipal Organic Regulation and the jurisprudence governing the functioning of city councils. She maintains that the legislation and regulations organizing the municipal sphere prevail over the internal directives of a party, which she describes as a private association. Therefore, she asserts that she could not obey an order she considered contrary to the current legal framework.
Toscano has also sharply criticized VOX's internal bodies responsible for processing these types of cases. She claims that the National Executive Committee has acted as «judge and jury» and denounces the lack of independence of the Guarantees Committee, alleging that its members are financially dependent on the party. This situation, according to her, invalidates the procedure followed against her.
