There will be Carnival activities at night in Santa Cruz de Tenerife. The Superior Court of Justice of the Canary Islands made public this Monday at noon the order declaring the "inadmissibility of the suspension of the 2007 Carnival" and consequently "lifting the challenged measure".
This decision comes a few hours after the lawyers of the City Council and the representatives of the plaintiff neighbors attended the conciliation hearing held in the Contentious-Administrative Court No. 1 of Santa Cruz de Tenerife.
Judge Jaime Guilarte Martín-Calero has issued an order as a result of the meeting, in which he declares the "inadmissibility of the request to suspend the 2007 Carnival and consequently lift the measure adopted. Without costs".
LEGAL REASONING
Among the legal reasoning on which the decision is based, the magistrate states that both the representation of the City Council and the co-defendant party intend the declaration of inadmissibility of the appeal due to res judicata, alleging that the precautionary measure raised has already been resolved for the year 2007 by the judgment of the Chamber that resolves the appeal filed against the judgment of this Court that resolved the process of violation of fundamental rights due to the 2006 Carnival.
The fifth legal basis of this judgment states that the appellants request "the precautionary suspension of the 2007 Carnival, a decision that this Chamber does not deem appropriate...?" and the ruling expressly states: "without there being grounds for adopting the suspension of the 2007 Carnivals requested".
Thus, the order points out that "the precautionary suspension of the 2007 Carnivals can only be judged once and has already been judged by the aforementioned judgment of the Contentious-Administrative Chamber of the Canary Islands in Santa Cruz de Tenerife".
In this regard, it recalls that Article 69.d) establishes that the judgment shall declare the inadmissibility of the appeal due to res judicata. Therefore, it concludes that "for the reasons stated, it is appropriate to declare the inadmissibility of the precautionary measure requested and abide by the decision of the Chamber agreed in the judgment dated January 26, 2007, which dismisses the precautionary measure reproduced in this trial".
It also points out that "no recklessness or bad faith is appreciated for the purposes of imposing costs (Article 139 of the Law of this jurisdiction)".
This section also specifies that the appeal is directed against "the municipal decision to organize the nighttime musical events of the Carnivals in the downtown area of Santa Cruz de Tenerife" due to "the sources of sound existing in the Carnival (bars, kiosks, stages and decorated cars) in the various neuralgic points (Plaza del Príncipe, Plaza del Chicharro, Plaza del Tribunal Superior de Justicia and Plaza de España) as well as outside the appellant Communities".
In view of this, the magistrate states that "given the obvious circumstances of special urgency that concur in the case, it was requested and agreed to proceed in accordance with Article 135 of the Law of the Contentious-Administrative Jurisdiction, the hearing provided for in the Law having been held with the result that appears in the records".
CAMPOS, REPRIMANDED BY A GROUP OF NEIGHBORS
Thus, the optimistic prospects expressed at the exit of the meeting by the lawyers of the City Council of Santa Cruz de Tenerife, Luís Prieto, and of the Carnival groups, Víctor Medina Fernández Aceituno, were fulfilled, who at the exit of the Contentious-Administrative Court No. 1 foresaw as "most likely" that the lifting of the precautionary measures would be determined and specified that the position maintained before the judge is that there is a procedural exemption because it should be considered res judicata.
The lawyer of the capital Consistory, Luís Pietro, also showed himself in this line, who specified that the position of the City Council "remains the same of trying to reconcile the rights of all, but of course the carnival is the most important in the world and we can not do anything else but defend it". However, he clarified that the position of the neighbors is not an opposition to the Carnival, but to the excess of noise "which is understandable" and indicated that there had been a rapprochement of positions.
Regarding the request of the co-defendants for compensation of 150 million euros, he specified that the law provides that when a precautionary measure is requested, it is secured by the appellants to guarantee the repair of the damages that this decision could cause.
The last to leave the judicial headquarters, more than an hour after the meeting concluded, was the lawyer of the plaintiff neighbors, Felipe Campos, who requested police custody to leave the judicial headquarters in the presence of numerous media and about fifty neighbors concentrated at the doors of the court with banners and shouts.
After just over an hour inside the building, Campos left escorted by five national police officers, did not make statements to the media and, while he was getting into the taxi, he was booed by about fifty people, who were concentrating in front of the judicial headquarters with posters with the slogans 'Freedom for the Carnival', 'Yes to the Carnival in the street' and 'Plaintiff gentlemen, if you do not like the carnivals, then screw you'.
While Campos was waiting inside the building, the neighbors rebuked him with shouts of 'Ea ea ea, the people are angry', 'Out, out', 'If you do not want Carnival, send yourself to move' or 'Put on the plugs, do not touch my balls', and the murguero parade "chicharrero, chicharrero, chicharrero de corazón, go out to the street and play the drum, that the Carnival has arrived".
ACN Press
