Just the same day that the members of the Camping for a decent home demonstrated in Santa Cruz, demanding to be heard by the Government of the Canary Islands, the Superior Court of Justice of the Canary Islands (TSJC) agreed with the Santa Cruz City Council in their claim to lift the campsite in the Plaza Candelaria, claiming that they lack authorization to occupy the public space. As reported by DIARIO DE AVISOS, the Canarian high court, to which the Camping resorted considering that its right to assembly and demonstration was being violated, considers that the municipal order does not violate fundamental rights.
According to the order to which DIARIO DE AVISOS has had access, the TSJC proceeds to inadmissible the appeal for violation of fundamental rights on the understanding that “the appealed act is limited to carrying out a control of the use of the local public domain and not to prohibiting or modifying the exercise of the right of demonstration that is communicated to the Government Subdelegation whose resolution of October 27, 2021 expressly warns of compliance with article 79 of the Law of Bases of Local Regime of 1985 and others
Concordant provisions of the Property Regulations of Local Entities, compliance with which does not exonerate the right of assembly and demonstration ”.
The TSJC considers that the challenge against the City Council’s decision to vacate the campsite “would have to be processed through the ordinary procedure before the Court, which is objectively competent to prosecute it.”
Faced with this ruling, an appeal may be filed. Meanwhile, the Santa Cruz City Council has a free hand to continue processing the file that allows it to vacate the Plaza de la Candelaria for lacking a permit to occupy the public thoroughfare, without preventing the protesters from continuing in that space exercising their right, although without the support of the campaign booths.
