The legal services of the Administration maintain open fronts in a Madrid court and in a Galician court
MADRID, 28 Oct. (EUROPA PRESS) –
The State Attorney’s Office has shown its opposition to the request of the lawyers of the family of dictator Francisco Franco that another judge study the lawsuit filed by the Public Administration to claim public ownership of 564 movable property found in the Pazo of Meirás, in Sada (A Coruña).
According to sources close to the procedure consulted by Europa Press, the legal services of the State have already presented their brief before the Court of First Instance Number 70 of Madrid to oppose the plea of ??jurisdiction filed by the Franco.
The family maintains that the claim of the State Attorney is not the responsibility of a civil judge, but of the contentious-administrative. The legal services of the Administration have shown themselves against this argument.
The Lawyer’s Office has ruled after Judge Roberto Fernández suspended the hearing – which was scheduled for October 21 – in which he would hear the allegations of the State and the family.
Legal sources have explained that the head of the court processed the Franco’s brief and transferred it to the Lawyer’s Office so that it could issue its report on the matter. Now the magistrate is expected to issue a resolution and say whether or not he considers the family’s request.
On the sidelines, sources close to the procedure have indicated that the Lawyer has also presented before the Galician court that is following the case of the Pazo de Meirás the documents of all the assets included in the lawsuit filed in Madrid, as well as the assets on which Justice has already ruled in favor of the Administration.
In this sense, the legal services of the State have asked the Galician court, as a precautionary measure, not to allow the Franco family to withdraw the assets until there is a sentence.
The hearing that was suspended in Madrid was scheduled to hear the allegations of the Lawyers and the Franco family regarding the precautionary measures demanded by the State in the lawsuit filed on September 21.
The legal services had requested that the permanence of the assets be agreed within the Pazo de Meirás, and in the Administration’s deposit, until “who owns the property” is resolved.
For the Lawyer, it is a precautionary measure that is considered “essential” to “guarantee the conservation and protection of all these assets, as well as the integrity of the historical and artistic interests linked to these assets by the place where they are found.”
The Administration claims ownership of a total of 564 movable assets or documents and files that are grouped into three categories: National Heritage assets; of the Spanish Documentary Heritage; and assets that are in the public domain due to their affectation to the use of the Pazo de Meirás as the official residence of the head of state.
The legal services of the State filed the lawsuit after the Franco asked the Court of First Instance number 1 of A Coruña to withdraw all the assets deposited in the property that were not claimed by the State at the time.
This month, the Xunta de Galicia announced that it would join the lawsuit filed regarding the consideration of public domain assets and public heritage, both objects from the Emilia Pardo Bazán stage (broadcast in 1938) and those installed by Francisco Franco when he was head of state during the dictatorship.
In the brief presented before the Madrid court, the Galician Administration stated its “legitimate interest” to participate in this lawsuit, as it already does in the procedure that is open on the ownership of the property.
