The Plenary of the Constitutional Court studied the appeals for protection presented this morning by the UGT Madrid and CCOO Madrid against the judgment of the Superior Court of Justice of Madrid which bans concentrations for reasons of public health for today .
The High Court understands that the case “presents specific substantive elements which plead in favor of a considered and contradictory study of the measure requested”. And therefore the ban on the concentration scheduled for today at 11:00 in the Plaza de Cibeles is maintained.
According to the organizations, the Madrid Supreme Court ruling “does not specifically analyze the appeal to which the appeal was referred, but rather uses general arguments to dismiss it.” These types of acts of the Government Delegation, the UGT and the CCOO understand that they must be studied one by one and on a case by case basis separately ”, they explain in a joint statement.
The unions have defended that “the characteristics of the concentration which they had anticipated”, with a limitation of the assistants to 250 people, “do not favor a big competition” and “they make this act harmless for public health”.
“Neither the Government Delegation nor the Court itself proposed alternatives for the celebration of this appeal, such as the change of place or time to make it possible”, argued the CCOO and the UGT, who insisted on their “defense of the exercise of a fundamental right such as assembly and demonstration, enshrined in the Spanish Constitution”.
For this reason, they presented an appeal for protection before the Constitutional Court, knowing that with this decision “ there is a violation of the fundamental rights contained in Articles 14 to 29 and 30.2 of the Magna Carta, and in order to preserve the rights and freedoms for which the appeal is promoted “.
The 10th section of the administrative contentious chamber of the Superior Court of Justice of Madrid (TSJM) this weekend rejected the five appeals against the resolution issued by the government delegate in Madrid on March 3, and through the one which prohibited concentrations and demonstrations on the occasion of International Women’s Day for public health reasons.
More precisely, the five sentences signed on Sunday by these judges correspond to the appeals filed last Friday by various groups and individuals, summoning various acts which were to take place on Monday 8. On Saturday, the same court rejected for the same reasons resources on the demonstrations feminists these days. The magistrates replied to the appellants that this prohibition was not the consequence of discrimination based on sex, as they argued in their appeals, but that “the fundamental reasons for the refusal of the concentration are based on reasons of public health”.
((there will be an enlargement))