The contentious court number six of Barcelona has issued a judgment in which it partially estimates a resource presented by an association against the Barcelona’s town hall of placing and maintaining the yellow tie of its facade. As a consequence, the court orders the “immediate and final withdrawal“Of this symbol although it no longer hangs from the town hall building, as well as”other municipal units“
The ruling known this Friday also orders the withdrawal of “any other partisan symbol“Of these buildings dependent on the session and declares that the administrative action challenged” has violated the fundamental right to equality of the appellants” But the sentence is not final and a period of 15 days is established to file an appeal appellate.
The yellow ribbon that hung from the Barcelona City Council was removed on September 28 at the request of the JEC
The yellow ribbon that hung from the Barcelona City Council was removed on September 28 at the request of the Central Electoral Board when accepting the claim of Catalan Civil Society (SCC) in a complaint, but another association, Catalan Lawyers for the Constitution, had filed a contentious-administrative appeal on July 29. At that time, Spain was in a non-electoral period, between the municipal elections of May and the general elections of November.
In the car, the magistrate Benjamín Górriz Gómez, defends in the first place that it is competent to judge the matter and rejects “without palliative” the criteria of the defendant, the City Council, which considered that the case was political and not administrative in nature and therefore should be prosecuted in another jurisdictional order.
“The ostentation of this partisan symbol in municipal buildings clashes frontally and manifestly with the principles of institutional neutrality and objectivity to which the Public Administration is subject”
But entered into the matter, the sentence refers to the decision of the TSJC of July 5, 2018, in which the Catalan court concludes that the exhibition in the public space of any element that “represents a political option” is illegal because it violates the principle of “objectivity” and “institutional neutrality.” That ruling dismissed the appeal filed by the City Council of Sant Cugat del Vallés after in 2016 a court in Barcelona prohibited the installation of a stele in the Lluís Millet square in 2014 following a complaint precisely by SCC.
As in that ruling, the magistrate of Barcelona also understands that “the contested activity involves the privatization of public space, in common use, through its permanent occupation by an element that represents a partisan option.” The newly known sentence argues that the yellow tie is “a partisan symbol, in the sense that it aligns with the claims of a group of citizens, with inevitable exclusion from the rest”, hence the violation of the principle of institutional neutrality.
The ruling denounces the “difference in treatment between groups or categories of people, for ideological reasons” in which the City Council falls
And he concludes that “the ostentation of this partisan symbol in municipal buildings clashes frontally and manifestly with the principles of institutional neutrality and objectivity to which the Public Administration is subject.” In this sense, the magistrate recalls that the Administration “is not a sovereign power” but is “subordinate to the service of the community.”
In the ruling, the magistrate denounces the “difference in treatment between groups or categories of people, for ideological reasons” in which the City Council falls with a part of the citizens with respect to the rest, a difference that has no place in the Constitution, according to remarks .
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