The Supreme Court confirms that the eviction of the self-managed social center La Ingobernable in Madrid was illegal. The Government of José Luis Martínez Almeida carried out the eviction at the end of 2019 and the Superior Court of Justice of Madrid (TSJM) already considered last June that the eviction was not in accordance with the law because it was based on a municipal resolution of 2017, when the Madrid City Council did not have possessory rights over the property, since it was assigned to a third party, the Ambasz Foundation.
Now the Supreme, in a providence to which he has had access Publicrejects the appeals filed by the Madrid City Council against the ruling of the TSJM that determined that the Consistory did not have “legitimacy” to initiate the eviction process or execute it.
“The resolution of the Supreme Court, by refusing to process the appeal filed by the Madrid City Council against the resolution of the Superior Court of Justice that upheld the appeal of the Social Center, confirms without a doubt that the eviction of the La Ingobernable Social Center It was contrary to law. Therefore, the eviction should never have been carried out“, value Naomi Abadlawyer of The Ungovernable.
The resolution of the High Court establishes that the Consistory must pay the costs, up to a maximum of 1,000 euros plus VAT, but does not take a position on what will happen to the building, which ultimately did not host the Jewish museum, as Almeida said would happen.
The eviction, initiated by Carmena and executed by Almeida
The occupants of La Ingobernable always denied the legitimacy of the administrative file opened by former mayor Manuela Carmena in November 2017, on which the subsequent process that culminated in the eviction ordered by the current mayor of Madrid, José Luis Martínez-Almeida, was based.
The TSJM says that the execution did not cause irreparable damage despite all the work that was completed
The eviction process was appealed by the occupants from the beginning of the process. However, despite this, in October 2019 a contentious administrative court allowed the municipal government to recover the property. At this point, the TSJM agreed with the Madrid City Council in its power to execute the partial sentence that allowed it to carry out the eviction, ensuring that its execution did not cause irreparable damage since the occupants could return to the property or be compensated. for the damage. The Supreme says nothing on this matter.
But, for the La Ingobernable team, this sentence is the “verification” that irreparable damage was caused by the eviction. “At the time it was evicted, two hundred monthly activities were taking place inside the building and 130,000 people had passed through it in two years of life. Two and a half years later it is still empty,” they recall.