The High Court of Catalonia has issued a judgement confirming that city of Sant Cugat (Barcelona) was obliged to remove flag (independence) that hoisted in a mast of a town square. The resolution argues that hoisting that flag means "privatizing public space" with a "partisan" element, which violates "Principles of objectivity and institutional neutrality". The consistory, governed by PDeCAT, will appeal judgement.
The conflict goes back to 2014, when city Council of Sant Cugat (90,000 inhabitants) placed flag in public square, and has generated a long judicial battle between Consistory and organization Antisecesionista Societat Civil Catalana (SCC). After several requirements, flag, in fact, was no longer hoisted in Plaza Lluis Millet since July 2017. This is first time that High Court of Justice of Catalonia (TSJC) is pronounced on controversy of flags.
In ir fundamentals of law, judges rely on ruling of Supreme Court on 28 April 2016 on obligation of institutions to withdraw contrails of public buildings — "but whose doctrine extends to or public places" , it remarks ruling — to preserve principle of institutional neutrality. This principle must be maintained at all times, says TSJC, "although reinforced in electoral periods."
The ruling of Catalan High Court contains arguments of that resolution of supreme, which depart from premise that stelae is an element that lacks "valid legal recognition as a symbol of an administration" and that its use can only be considered " Partisan "because it represents a part of citizenry," however relevant it may be, "and not whole.More information
- The stela of Sant Cugat will be able to continue waving during campaign
- The supreme dictates that ' wake ' in public buildings is ' partisan '
The ruling rules out that this argument may given return to allege that a part of citizenry does not feel identified with "official symbols"; Because neutrality, emphasizes TSJC, does not depend on will of public authorities but that y have a "generic duty of subjection to current legality configured by democratic channels that specifically enable Constitution and laws that Develop ".
The ruling stresses that it is not known what was "municipal Act" that served as support for "occupying public space", but adds that it would not serve if decision had been taken in a plenary because, as supreme established, "it is not acceptable in any way that Placing party flags in buildings and public places constitutes an act of ' compulsory ' compliance that is imposed on mayors ', as much as plenary decides.Many more cases
Sant Cugat City Council has been sentenced to pay 2,000 euros. The mayor, Carmela Fortuny, of PDeCAT, considers that ruling is very restrictive because it equates a mast to a public space. "They have not analyzed our allegations carefully. In anor socio-political context, this ruling would not have occurred, he said. And he added: "The decision is so restrictive that it can put in question flags of antimilitarist or LGTBI movement in public spaces because y are not to everyone's liking. Let's get to end. "
José bedroom, president of Societat Civil Catalana, urged Fortuny to take decision. "Anyone who considers himself a Democrat should abide by this sentence and act according to its content," he said. The ruling does not affect individuals and in fact in Sant Cugat y wave several stelas. The question is wher it will take effect on thousands of independence badges scattered throughout Catalonia. The majority of litigations initiated so far by state law pursued that independence flags were hoisted in buildings of town halls.Share in Facebook share on Twitter OtrosCerrarCompartir at LinkedinCompartir on GooglePlusCompartir on Pinterest