A judge agrees with the mayor of San Lorenzo de El Escorial in her refusal to renew the building license until there is a final ruling
The Contentious-Administrative Court number 10 of Madrid has rejected the request of the State Attorney to execute the order that last June lifted the precautionary measures that paralyzed the exhumations in the Valley of the Fallen, which would leave the matter in the hands of the supreme court.
This is stated in a car, to which Europa Press had access, in which the magistrate dismisses the request to open the enforcement piece regarding the resolution issued on June 22 by the Superior Court of Justice of Madrid (TSJM)
Said resolution upheld the appeal of National Heritage against the order of November 16, 2021 issued by the Contentious-Administrative Court number 10 of Madrid, by which it was agreed to deny the measure of suspension of the execution of the Agreement of June 24 of 2021 of the Local Government Board of the City Council of San Lorenzo del Escorial.
In the same way, the judge rejects in the same order the request to declare that the appealed administrative act related to the granting of the license by the Local Government Board of the City Council of San Lorenzo de El Escorial has regained its enforceability.
Legal sources have confirmed to Europa Press that three individuals have already filed an appeal before the Supreme Court against the judicial decision to lift the aforementioned precautionary measures. This Wednesday is the deadline to appeal.
Complaint against the mayor
Precisely, the decision of the mayor of this town, Carlota López, to refusing to renew the license to authorize access to the crypts led the relatives of the buried to file a complaint for an alleged crime of prevarication by contravening two judicial resolutions.
The lawsuit was filed on behalf of a relative of the Lapeña brothers, shot in 1963 by the national side in Calatayud and buried in the Valley of the Fallen, and the president of the Association of Relatives of the Republicans buried in the Valley of the Fallen, Silvia Navarro.
In a legal report, the City Council alleged that Until there is a final ruling, it would not accept the request to renew the permit.an extreme criticized by the relatives of those buried in the Valley for their lack of solidarity with the victims.
Now, the Contentious-Administrative judge has determined that “It is not appropriate to open a piece of execution, neither provisional nor definitive, in the piece of precautionary measures“.
The magistrate argues that the resolution that lifted said blockade “does not contain any pronouncement that can be executed since its ruling declares that it is not necessary to adopt any precautionary measure to avoid the loss of the legitimate purpose of the appeal.”
For this reason, he insists, “the execution of a resolution with this precautionary nature would only fit in the cases in which the judicial body orders the adoption of a precautionary measure, of any kind.”
“Now, if the decision of the resolution is a denial of the requested injunction, there is nothing to be executed by the judge, since the estimation of the appeal at the time filed by the State Attorney against the order of this Court, by not confirming the suspension, but only and on the contrary the unnecessaryness of it, means that nothing should be executed by the Judge at this point, “he adds.
Along the same lines, it pronounces on the issue relating to the request for ruling on whether the appealed administrative act relating to the granting of the license to National Heritage is enforceable.
“Consequently, it is not within the judicial function to advise an administration, since this would imply a clear excess of the judge’s function, as soon as an apparently correct action would produce an excess according to the provisions of article 11.2 of the Law Organic Law of the LOPJ Judiciary, and for this reason the request made by the State Attorney’s Office must be rejected,” he concludes.