The Superior Court of Justice of Madrid (TSJM) has given permission to the Spanish Falange (FE) to hold a demonstration on Friday, February 9, on Ferraz Street in Madrid, where the PSOE headquarters is located. This decision comes after the Government Delegation in Madrid attempted to change the route of the demonstration by declaring it an “area of special protection.” The court ruled in favor of the appeal filed against the resolution of the Government Delegation, stating that the modification was not in accordance with the law, and the organizers can proceed with the originally planned route.
The Falange party had informed the Delegation of their plans for a demonstration on February 9, from eight to ten at night, to commemorate the murder of the Falangist student Matías Montero in 1934 on Ferraz Street. The party filed an appeal for the protection of fundamental rights against the resolution that established the march to take place along a different route than originally planned.
The Court found that the Government delegate did not provide valid reasons for the modification of the itinerary, and that the mere possibility of a demonstration causing public disorder is not sufficient to alter the route. The Administration failed to prove the existence of well-founded reasons for disturbing public order, with danger to people or property.
The Court also noted that there was no report from the Police on the concentrations in the vicinity of the chosen itinerary by the promoting association, as well as a report from the Municipal Police on the impact of the demonstration, which are required by law.
In conclusion, the Superior Court of Justice of Madrid has allowed the Spanish Falange to proceed with their planned demonstration on Ferraz Street, upholding the right to freedom of expression and assembly. This decision serves as a reminder of the importance of upholding fundamental rights and the rule of law in a democratic society.
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