The decision is made after the family submits a brief in which it alleges that the judge lacks jurisdiction to study the claim
MADRID, 20 Oct. (EUROPA PRESS) –
The Court of First Instance Number 70 of Madrid has suspended the hearing that was scheduled for tomorrow, Friday, in which it would hear the allegations of the State Attorney’s Office and the family of the dictator Francisco Franco about the lawsuit presented by the legal services of the Administration – -and which was joined by the Xunta de Galicia– to claim public ownership of 564 movable property found in the Pazo de Meirás, in Sada (A Coruña).
According to legal sources consulted by Europa Press, Judge Roberto Fernández has adopted this decision this Thursday, after the Franco family’s lawyers presented a plea of ??jurisdiction in which they maintain that the State Attorney’s claim is not the responsibility of a civil judge, but rather a contentious-administrative one.
The same sources have indicated that the head of the court has processed the Franco’s brief and has transferred its content to the legal services of the State so that they can rule on the matter. It is expected that, upon receiving the response from the Lawyer, the magistrate will dictate whether or not he considers the family’s request.
Faced with this scenario, the judge has suspended the hearing that he had set for tomorrow at 10:00 am, in which he planned to study the precautionary measures that the State Attorney claimed in the lawsuit that he presented 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.
