Madrid wants a court to order the immediate removal of the Puerta del Sol camp. The case sets the regional government's demand against the protesters' constitutional right to peaceful assembly.
The first decision will come from Madrid's Administrative Court number 14. The Community of Madrid has asked the court to order the immediate removal of the Puerta del Sol camp. It has taken the Delegación del Gobierno to the administrative courts over what it calls inaction.
The judge must decide whether the protest remains protected by the Constitution. The court must also consider whether other rights justify clearing the square.
That is the dispute.
Isabel Díaz Ayuso announced the legal move in the Assembly of Madrid. She argued that the occupation should never have been allowed. Her government calls the gathering illegal and is seeking medidas cautelarísimas. This exceptional request is designed to secure an immediate ruling before the case is fully resolved.
The camp is linked to housing-rights protests and the eviction case involving Maricarmen, which reports identify as the trigger for setting up the camp and the subsequent escalation.
If the judge grants the request, the camp would be removed from Puerta del Sol. The court would not carry out the operation itself. That responsibility would return to the Delegación del Gobierno, which would have to organise the steps needed to clear the square.
This split in responsibility sits at the heart of the case. Madrid says the state administration has failed to act. The Delegación says it is following the law and protecting the right of assembly.
Francisco Martín has said that his office will follow the legal framework strictly. He also said it would respect the constitutional right of assembly. Statements from the Delegación del Gobierno say police have no order to dismantle the camp while the gathering remains peaceful.
Before filing the case, regional and municipal authorities gave the central administration 48 hours to dismantle the camp and threatened court action, as well as possible criminal proceedings, if their demand was not met.
The legal case is less simple than the political accusation. The Delegación has not simply ignored the camp. It has chosen a position that allows the gathering to continue.
That choice makes Madrid's argument harder to prove. The regional government must show administrative inaction, rather than a deliberate decision to protect a fundamental right.
The court must weigh the right of assembly against possible harm to others. Freedom of movement in the square is one concern. Assembly is not absolute, but limits on it require evidence of a conflicting right and a strong enough reason for an immediate measure.
The protesters have one fact in their favour. No fights or assaults have been recorded in the camp since last Saturday. The central administration has called the demonstration peaceful. Security forces, it says, are focused on maintaining public order.
The dispute follows the same pressure point described in an earlier report. Madrid wants a fast judicial route to removal. The state administration sees no grounds for intervention without a sufficient legal basis. The new filing takes that conflict from public statements into a courtroom.
For now, the emergency request appears difficult to sustain. The case record contains no serious disturbances. The Delegación has also taken a clear position on assembly rights.
The judge must decide whether the camp creates a proven conflict with other rights. The alternative is to find that removal would be excessive. This is a test of the legal threshold, not a simple order to clear a public space.
The ruling will show whether Ayuso's pressure leads to an immediate operation. It may instead remain a political demand without direct effect.
