The judge rejects the Franco’s appeal and concludes that both administrations have a legitimate interest in the case | Calls for the hearing of the precautionary measures on the 25th
The Court of First Instance number 70 of Madrid has just issued an order in which it agrees accept the character of the Xunta de Galicia and the Council of Sada in the cause of the assets of the Pazo de Meirás. Judge Roberto Fernández Muñoz rejects the Franco’s allegations and accepts the simple adhesive intervention of the two administrations as a contributing part of the State Attorney’s Office. The court has also called a new hearing to determine the origin of the precautionary measures claimed by the State. It will be on November 25.
The judge rejects all the arguments of the dictator’s heirs and concludes that both the Concello de Sada and the Xunta de Galicia have a “legitimate and direct interest& rdquor; in this cause.
In the case of the Sadense City Council, the first to request the appearance, the magistrate recalls that the Meirás pazo is located in Sada, that the City Council has urban planning powers over it and also appeals to the legitimate interest of this local administration to watch over the public domain assets located in its territory.
“In this sense, the direct and specific interest of the Council is justified in that the sentence that is handed down declares that the assets are in the public domain and that they belong to the State”, argues the judge, who concludes that the Council has shown to have “a true direct and legal interest & rdquor; given that, it affects, “the management and exploitation of the assets whose ownership is claimed by the State could correspond to the aforementioned local entity & rdquor ;.
The court concludes that the Xunta also has a legitimate interest in the case since it has jurisdiction over property matters. “As an autonomous territorial entity, it can not only hold rights over the assets but also a constitutional obligation based on the postulates of the autonomous State for its conservation, protection and defense & rdquor ;, he points out.
The magistrate considers out of place the allegations of the Francos about the possible contradiction of the exhibition of the assets in dispute and the stipulations of the law of democratic memory. “The destination that the State can give to the assets based on the laws promulgated or that can be promulgated and enter into force until the issuance of the sentence, if it is favourable, exceeds the object of the lawsuit”, ditch.
The order is not firm and the Francos can file an appeal for replacement within five days.
View of precautionary measures
The court has reconvened the hearing to determine the origin of the precautionary measures claimed by the State to prevent the Francos from withdrawing the 564 assets claimed in their lawsuit. It will be on November 25 at 10:30 a.m.
The City Council of Sada has been the first to express its satisfaction with the judicial resolution. The mayor, Benito Portela, recalls that they were the first to request their intervention in this cause as a simple adhesive part. “Sada summer, it is and must continue to be present wherever the heritage integrity of the pazo de Meirás is defended. I am not in defense of the cultural interest of the Senón also of democratic memory and of the general interest of Sada citizenship & rdquor ;, he points out.
The councilor, who is facing a motion of censure, affirms that the City Council will be present at the hearing of the precautionary measures to support the measures requested by the State and prevent the Francos from removing the assets.