The TSJM cancels the withdrawal of the PP fair booth in San Sebastián de los Reyes




The Popular Municipal Group of San Sebastián de los Reyes was right: the government team could not modify the rule to exclude political parties with municipal representation from the reservation of booths during the 2019 Cristo de los Remedios festivities. ruled by the Superior Court of Justice of Madrid in a sentence, which responds to the appeal filed by the popular of this Madrid municipality, and to which ABC has had access.

The events denounced have their origin in the request made by the Popular Group to occupy a space in the “booth area” of the fairgrounds, which they traditionally shared with associations, sports clubs, supporters’ clubs and other groups. In the bases of the call, as indicated in the sentence, “the eventual exclusion of political parties was not contemplated, and there was even a ‘reserve’ of booths”.

However, after the municipal elections, the new local government, made up of the PSOE and Ciudadanos, unanimously adopted on July 2, 2019, an agreement that “eliminated the reservation of booths for political groups, leaving them available for the associations, clubs, sports clubs and the rest of the local group that they wish, ”according to the ruling. The objective of this change, according to the City Council, was to modify “only the preferential right of political parties”, giving “preference to local supporters clubs.” The justification was that, “by increasing the municipal political groups to seven, after the local elections of May 2019, the possibilities for other associations, clubs or entities to obtain a booth were reduced.”

“Injures rights”

The City Council considered that the “obligation” to grant booths to political parties represented an “excessive limitation” against the rights of other associations.

But the judge does not share this criterion and in the ruling indicates that “the denial of the request to a political party for a booth at the fairgrounds, allowing its installation to other associations not linked to political parties, is radically null.” In addition, it warns that “it harms the rights and freedoms subject to constitutional protection in such a clear way that it does not need further comment, since it is contrary to the principle of equality established in article 14 of the Constitution and curtails the right of participation.”

The TSJM also condemns the City Council to pay the costs of the process.

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