The Superior Court of Justice of Madrid (TSJM) has rejected, for the moment, obliging the Government Delegation to evict the encampment for the right to housing installed in the Puerta del Sol, a measure that had been requested as a very urgent precautionary measure by the regional Executive presided over by Isabel Díaz Ayuso.
The decision, adopted by the sixth section of the Contentious-Administrative Chamber in an order issued this Monday, recognizes that in this case “circumstances of special urgency concur”, although it emphasizes that it cannot be resolved “with due guarantees without previously hearing the General State Administration”.
The TSJM values the right to assembly and possible irreversibility
Without going into the merits of the matter, the Chamber takes into consideration “the eventual impact on the right to assembly of the people actually encamped” and also “the irreversibility of the consequences” that acceding to the eviction requested by the Madrid Government would have, including the possible use of “measures of physical compulsion” by the Security Forces if the concentrated people did not agree to leave the place.
Given this scenario, the magistrates consider it necessary to know “the criteria, allegations, and reasons of the Government Delegation for not having deployed the activity required by the Community of Madrid”, so, given “the specific circumstances” of the case, they reduce the deadline to respond and give the State Attorney's Office until Wednesday at 09:00 hours to submit its brief.
The order keeps the processing of the petition filed by the Community of Madrid open, but postpones any pronouncement on the eviction until it has the allegations from the state party, in a procedure that the court has wanted to resolve without dispensing with the prior hearing process.
