The Supreme Court will decide on September 24 at 10.00 am if it supports the exhumation of the remains of Francisco Franco from the Valley of the Fallen, a promise from the Executive of Pedro Sánchez that the Chamber paralyzed cautiously at the request of the dictator's family until there would be sentence.
Legal sources have informed that the Fourth section of the Administrative Litigation Chamber has set that day for the vote and ruling of the appeal filed by the Franco family and three associations against the agreement of the Council of Ministers of last March 15 that set for June 10 exhumation.
The meeting will be held at 10 am behind closed doors, a decision that will arrive one day after the limit to form a government.
Thus, the room - whose rapporteur will be magistrate Pablo Lucas - must decide definitively if he allows the exhumation of Franco from the Valley of the Fallen and his subsequent burial, either in the cemetery of El Pardo-Mingorrubio, as the Government wants, or well in the crypt of the Almudena, place chosen by the family.
The Supreme Court unanimously agreed on June 4 to cautiously suspend the government's plans to exhume Franco in June from the Basilica of the Fallen Valley until sentencing.
In this way, he paralyzed the Government's plans to avoid a situation "extraordinarily harmful not only to the appellants but also to the public interest": that once the remains of Francisco Franco were exhumed and buried in the cemetery of El Pardo-Mingorrubio, the sentence would determine that the dictator must remain in the Valley of the Fallen.
In this way he attended the request of the grandsons of the dictator, the Benedictine community of the Valley, the Francisco Franco Foundation and the Association for the Defense of the Valley of the Fallen, all of them in this procedure.
The Executive trusts that the High Court will finally give him the reason and will eventually allow the transfer of the dictator's remains.
His will was to proceed with the exhumation of the dictator of the Cuelgamuros basilica and his subsequent burial in the cemetery of El Pardo-Mingorrubio, a location that the Government determined in the face of the silence of the relatives when designating an alternative place to the crypt of the Almudena Cathedral, in the heart of Madrid, which was the site proposed by the family.
This point, like many others on this issue, was the subject of discord between the Government and the family of the dictator, who called it "absolutely and absolutely false" to refuse to designate that alternative place, since they requested the precautionary suspension of the measure.
In their appeal against the agreement of the Council of Ministers, Franco's grandchildren affected the "violations of the ordinary legality" that the Government has committed and emphasized that they are not holders of the crypt of the cemetery of El Pardo-Mingorrubio, It is owned by National Heritage.
The appellants have always criticized the "rush" of the Government to carry out the exhumation through a royal decree law when, in their opinion, this is not a "case of extraordinary and urgent need."
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