According to Government led by exjueza Manuela Carmena, suspension of act "violates values and constitutional principles clearly involved"
The Consistory calls for refusing to process appeal of PP and reversal of decision of judge
The city Council of Madrid considered that car by which court suspended to form an interim an act in favor of referendum in Catalonia in a municipal buildingviolates "values and constitutional principles" and fundamental rights as freedom of expression and ideologies of organizers.
So it is in pleadings that Consistory has presented this morning in court of contentious number 3 of Madrid, which decreed temporary suspension, at request of PP, of act that association's Madrid for Right to Decide he was going to perform in a space of cultural center Slaughterhouse, owned by city.
however, judge Jose Yusty Bestarreche has ratified today car of past September 12, by which suspended of way precautionary act ensuring that y do not "attack" freedom of expression, but rar that what is suspended is assignment of a local to an act that has all inklings rational vote in favour of a referendum are not authorized".
Before rejection of its claims, city Council of Madrid will present a appeal before high Court of Justice of Madrid (TSJM), as confirmed municipal sources, that claim to have a term of 15 days to apply this resource.Written allegations of Hall
The writing team of Carmena, who has had access Efe, argues that this suspension "violates values and constitutional principles clearly involved", as well as several fundamental rights.
According to Government led by exjueza Manuela Carmena, besides not respecting freedom of ideology and expression, with temporary suspension violate fundamental rights of meeting and association, right to tutela legal, constitutional right to autonomy of municipalities in management of ir respective interests, in addition to right to equality.
"The views expressed may annoy, worry or upset to municipal group or recurrent to or people, but, as fine points out, Constitutional Court, freedom of expression is not only for dissemination of ideas or opinions received with favor or considered inoffensive or indifferent, but also, for those that are contrary to, collide or disturb State", defends pleadings.
"The Constitutional Court has not limited any of fundamental rights mentioned above, that remain untarnished and not restricted," warns judge written municipal.
According to version that city Council exposes judge Jose Yusty, none of documents of dossier municipal" consists that act was "in support of or debate on some laws left in suspense by Constitutional Court."
This event, which organizers have said that y will keep in anor space, called "made consultations about necessary political and social changes that you enter in regime of 78, emerged from a transition, which is protected".
For this reason, argues written city, court considers "wrongly" that act for whose celebration has been assigned to space is affected by directives issued by Constitutional Court suspension of law on referendum of Catalonia.
The judge, holding City of Madrid, also "unaware of obligation that corresponds to public powers to facilitate citizen participation in political life, economic, cultural and social".
The team led by exjueza complaint that "does not hold legally in any way" argument of PP, guarded by judge, that "what would be legal in street is illegal in a municipal space", an idea which would mean that " political pluralism and freedom of opinion would be more limited in institutions and its spaces in street."
The municipal government of Now Madrid questions in addition to " lack of locus standi of municipal group popular before court contentious-administrative", because, according to city Hall, municipal groups do not have legal personality and, consequently, lack of locus standi in se cases.
The Council also explains that decree of council member president of district of Arganzuela, Rommy Arce, which authorizes assignment of space to entity Madrid for Right to Decide is "formally and materially adjusted to right".
The request is recorded Peter's Homes, number 41 of list of Now Madrid, in name of association The Commune.
complaint in addition to Executive that court has not assessed all interests in conflict and a decision has been issued based "budgets are not demonstrated and having for certain only suspicions and value judgments."
"The judge's decision is objectively and subjectively incongruent: adopt a precautionary measure different from one that you have requested and directs it towards a third party (The Commune, "owner" of act) that not only has not been heard, but that is not even a party to proceedings," replies Government of Manuela Carmena.
refore, city Council of Madrid asked for primary way refusing to process appeal of PP, and, secondarily, reversal of temporary suspension of act, scheduled for this Sunday.
to Maintain suspension, according to Consistory, "would produce a serious disturbance to general interests that represents City of Madrid and is irreversible damage to particular interests of promoters of act, and citizens who intend to attend same."Quick response from judge
The judge Yusti, for its part, recalls in its order today that is "public and notorious" that for years have 'The Right to decide' is a "slogan or expression "has been repeated countless times by movements and groups secessionist who advocate a referendum are not authorized for 1st of October in Catalonia, with goal repeatedly proclaimed to achieve separation of that region from rest of Spain".
In his opinion, "this is not refore a political question, even if it has effects recognized in such a field, but of use of municipal property, which should serve general interests". In addition, he adds that freedom of expression can be exercised in "a multitude of places, such as cinemas, atres or even in streets and public squares".
in Addition, notes that although request for application of act speaks of "cultural", actions and statements of authorities of Catalonia and city of Madrid "induce us to think rationally, which clearly tend to act is to develop in contrary to provisions in providence of Constitutional Court" last September 7.
"Admit that act is limited to an abstract exhibition of right to self-determination of peoples, in general, without alluding to circumstances of all known, it would be a departure from reality inconceivable," added magistrate.
judge is not re is incongruity between what is requested in injunction and agreed as "in no way attacks freedom of expression" and understands that act has "all likely rational to decide in favor of holding a referendum are not authorized, which, in short, is directed against unity of Spain, which was proclaimed in article 2 of Constitution".
that Is to say, "pulling by lifting", is an "attack on Constitution itself". Finally, he notes that initial decision last Tuesday not to be understood in sense of which is suspended an act of association, The Commune, among or reasons, because judge does not have jurisdiction.
Only points out that it suspends that act will be celebrated in Room " Calves for Slaughter. "Perhaps it could be worded better resolution of that car, all is perfectible, but this is clear enough", means magistrate.