SANTA CRUZ DE TENERIFE, May 8. (EUROPE PRESS) –
The second section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has provisionally suspended the catalog of Francoist vestiges of Santa Cruz de Tenerife for not being published in the Official Gazette of the Canary Islands (BOC) but in the website of the Ministry of Education, Universities, Culture and Sports.
The order, advanced by ‘El Día’ and to which Europa Press has had access, responds to an appeal filed by the Raíces Historical Memory Association, which indicates that in this case there is an assumption of “ostensible prosperity of the demand” since that only by “reading” the order of the Ministry it is observed that the catalog is not published in the bulletin but is sent to the web page.
Thus, the Chamber clarifies that the publication of any administrative decision “must be complete and in the corresponding bulletin”, as recognized by the Supreme Court, also warning that “it is not possible” to refer to the website of a Ministry since its content “could be varied” by those responsible.
For this reason, the order points out that “the cause of the suspension being so clear, it would be irreparable to allow the application of the contested provision, since it would not be reparable for a court of justice to have allowed the effectiveness of a norm that ostensibly lacks it” .
Against the order, which condemns the Ministry to pay costs, it is possible to file an appeal for reversal.
Sources from the Government of the Canary Islands have indicated to Europa Press that the decision of the TSJC “does not invalidate or annul the catalog”, it only suspends it cautiously until it is published in the BOC, something that will be done “immediately”.
