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Madrid Takes the Sol Camp Dispute to Court

Richard Reid RUSSPAIN.com

Post by Richard Reid

Madrid Takes the Sol Camp Dispute to Court RUSSPAIN.com © russpain.com
Madrid Takes the Sol Camp Dispute to Court © russpain.com

Madrid has asked the courts to dissolve the Puerta del Sol camp. The regional government says the protest exceeds legal limits, blocks emergency access and threatens protected heritage.

Madrid has filed a contentious-administrative appeal seeking the immediate dissolution of the camp outside the Real Casa de Correos. The regional government's 48-hour deadline for action has passed, but the camp has not been dismantled. Isabel Díaz Ayuso announced the court action during Thursday's plenary session in the Madrid Assembly.

The Community of Madrid says Government Delegate Francisco Martín failed to act for nearly a week. Its lawyers argue that the protest was not properly communicated and has become an indefinite occupation of public space, exceeding the constitutional and legal limits of the right of assembly. Madrid has also requested urgent interim measures.

Francisco Martín has said the National Police will not be ordered to intervene as long as the camp remains peaceful and there are no disturbances. ABC, EL PAÍS and Europa Press reported his position.

The dispute has become a direct clash between Madrid's demand for police intervention and the Delegación del Gobierno's defence of the protesters' right to assemble. Martín has urged the regional government to respect that right, but has not ordered the police action sought by Ayuso's administration. He and the Delegación describe the camp as peaceful.

The Delegación del Gobierno en Madrid said Martín had also urged the regional government to support the central government's housing decrees, linking the confrontation over the camp to the wider debate over housing affordability and evictions.

Close to 1,000 people have joined the camp, which is nearing its first week. The Sindicato de Inquilinas says the protest will continue in the coming days and plans to stage similar actions in other parts of Spain this weekend.

Reports cited by Democrata also refer to new mobilisations planned for 1, 3 and 4 October. The actions form part of a nationwide housing campaign focused on housing costs and evictions.

Madrid says ambulances must be able to pass through the square. It has also linked the dispute to alleged vandalism and the protection of the Real Casa de Correos, a 250-year-old building classified as a Bien de Interés Cultural.

The dispute had already moved towards litigation after Madrid's deadline, as detailed in this earlier report. The new appeal turns that threat into a formal court challenge.

Telemadrid and El Independiente reported that the regional administration had formally demanded the camp's immediate dissolution. Madrid also warned that it would seek judicial action if it received no answer within 48 hours.

The Abogacía General de la Comunidad de Madrid prepared the filing. It argues that the Government Delegate has binding duties to prevent problems and oversee the situation. Madrid says those duties leave no discretion when the state must protect people, property and institutions.

The regional administration says the Delegación ignored its formal request, which also warned of possible damage to tourism and risks to the protected building.

The filing includes a report from Madrid's Directorate General of Heritage and Office of Spanish. It identifies direct physical effects on two protected assets: the Real Casa de Correos and the statue of the Oso y el Madroño.

The report says the damage could amount to a crime of looting cultural heritage. Madrid argues that this finding requires state authorities to act immediately under their legal powers.

Madrid claims some protesters climbed onto the building's façade through windows and over railings. It also reports paint and graffiti on the façade and other protected elements. Stickers and paint have affected the Oso y el Madroño, and chemical products may be needed to remove them.

Police unions have also criticised Martín, accusing the Government Delegate of failing to intervene at the start of the protest. Their statements have added to pressure on the central government.

Martín and the Delegación continue to describe the camp as peaceful. They say police activity is limited to ensuring citizen security.

The court filing does not resolve the wider dispute over assembly rights. It follows Madrid's failure to secure an administrative response.

The camp remains in place, and organisers are preparing to extend the protest. A judge must now decide whether the occupation has crossed the legal limits alleged by Madrid or remains protected protest activity. The case puts emergency access, alleged property damage and the protection of the Real Casa de Correos before the court.

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