• Justice: The Supreme Court establishes that unofficial flags cannot be used outside public buildings

Constitutionalism wants to regain neutrality in the streets and squares of Catalonia. That is why the Catalan Civil Society wants to use the Supreme Court ruling of a few weeks ago that prohibits the use of unofficial flags in public spaces to claim 54 municipalities in the provinces of Barcelona, ​​Lleida and Girona, including the one chaired by Mayor Ada Colau, to remove 'esteladas', yellow ties or banners in support of sovereign leaders imprisoned after being convicted of sedition.

The entity has sent a request to these municipal administrations in which it is recalled that jurisprudence has been established on the "obligatory neutrality of public spaces and buildings" so that only the official flags are waved in these venues. The ruling detailed that "it is not compatible with the constitutional and legal framework in force, and in particular, with the duty of objectivity and neutrality of Public Administrations, even occasional use of unofficial flags on the outside of buildings and public spaces , even when they do not substitute, but concur, with the flag of Spain and the others legally or statutorily instituted ".

For this reason, Societat Civil considers that this judgment of the Supreme Court "declares the presence of flags, such as the so-called" esteladas "and unofficial symbols, such as ties and banners linked to a specific ideology and parties, on the facades and outside official buildings, as well as by extension in public spaces. " Thus, they request these 54 city councils to withdraw not only from the facades of their headquarters but also from other public spaces, such as roundabouts or gardens. In the case of the Barcelona City Council, it is demanded that this symbolism be removed from the Eixample district building.

The entity recalls that in various courts "investigations have been requested", by an investigating judge and the Prosecutor's Office "for the alleged commission of crimes of embezzlement of public funds for the acquisition of banners, ties, flags and other partisan symbols that violate the mandatory neutrality of institutions and public spaces. " In this way, the entity remembers the sentence of a few days ago by a Mataró court in which it asked to deduct testimony for an alleged crime of embezzlement against the mayor of Vilassar de Dalt and her predecessor in office when she allegedly bought with public money a banner in support of imprisoned independence leaders.

In addition, Civil Society recalls that there is another previous Supreme Court ruling that administrations cannot "confuse the concept of democracy as a majority decision-making system in any possible sphere whose universe can be delimited according to any territorial, group criteria or of any other nature "with the first article of the Constitution that Spain is a social and democratic State of Law. On that occasion, the court also did not accept to put partisan flags on buildings and public places and rejected the argument of sovereign mayors who shielded themselves that it responded to a "democratic" decision of a municipal plenary adopted with the vote of democratically elected councilors.

In other words, the fact that the agreements in the collegiate bodies are democratically taken in no way makes them in accordance with the Law, but rather they are precisely subject to it and therefore can be invalidated, without the democratic formation of the same being the same. heal or can prevail over the legal system, which binds all public powers, "says the jurisprudence of the instance delivered by the entity.

Furthermore, they point out that the Constitutional Court also established a doctrine that "public institutions, unlike citizens, do not enjoy the fundamental right to freedom of expression." For all these reasons, Societat Civil calls on each required council to "proceed to the immediate removal" of these symbols and reestablish the "obligatory neutrality of public spaces and institutions". In case of not doing so, the entity warns that it reserves legal actions both in the field of administrative litigation, for not complying with the request, and in criminal proceedings against a possible commission of crime of embezzlement of public funds by the Consistory.

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