When the Supreme Court dismissed an appeal by the company "Aparcamiento Parque Islas Canarias" against the ruling that outlaws the parking licenses, thus making the judicial ruling final, the César Manrique Foundation announced its withdrawal from the case because, according to them, it was confident that the City Council would resolve the conflict. But the Arrecife Government group chose to try to halt the execution of the ruling that obliges to "restore legality" and for this, they hired the lawyer Felipe Fernández Camero.
The César Manrique Foundation does not agree with the judicial strategy initiated nor with the choice of the lawyer, so it warns that if the Arrecife City Council continues, it "will be forced to reconsider its initial attitude and oppose in legal terms the non-execution of the ruling".
For the entity, the "non-execution of the ruling" transmits to the citizens "a discouraging message of impunity, as if, finally, nothing had happened despite the pronouncement of the courts". In their opinion, the damage caused "has to be compensated in some way, including political responsibilities". For this, it proposes that formulas for compensation to the public interest be sought".
The judicial strategy of the City Council "leaves citizens and the general interest unprotected and allows the company that operates the parking lot to continue enjoying the same benefits of its activity in a situation of illegality of the parking lot", according to the Foundation.
Regarding the choice of Felipe Fernández Camero as the lawyer in charge of carrying out the judicial strategy, it has been especially harsh. It describes the choice as "unacceptable and inappropriate". It recalls that this cause was the one that motivated, among others, his dismissal as Secretary of the Arrecife City Council. "He actively participated as a jurist in the process of granting the licenses, while also being part of the board of directors of the company that received those same licenses, co-owned by the City Council and private property", argues the FCM.
It also adds, based on the Order of January 14, 2004, of the Secretary of State for Territorial Organization of the State that his dismissal is motivated in part "by unduly holding positions in companies for which the recognition of compatibility was not possible in any case, as they were contractors or concessionaires of works of the Arrecife City Council, or were owned by the Corporation".
The FCM can return
The Superior Court of Justice of the Canary Islands annulled in 2006 the licenses granted by the Arrecife City Council for the construction of the Islas Canarias parking lot, thus giving the reason to the César Manrique Foundation, which had filed an appeal against that authorization. A ruling that two months ago was declared final when the Supreme Court rejected the appeal that the promoters had filed.
