The Supreme Court has ordered the Provincial Government, ruled by BILDU, to place the flag of Spain at a " prominent, visible and honor " from the balcony of the leasehold building, located in the Plaza de San Sebastián Gipuzkoa and after withdrawal from the " hidden " site that had been relegated. The high court ruling ordering his compliance with a judgment of the Superior Court of Justice of the Basque Country (TSJPV) in November 2005 that forced the corporation Guipuzcoa, then controlled by the PNV, to comply with legislation and make the flags teaches Spanish flown in a prominent place on the official site.
Given that the Council was determined to put the Spanish flag on a " hidden " place from which he could not be seen by passers-by, the State Bar filed an incident in 2012 for execution of judgment before the same High Court Basque. In October 2012, the TSJPV ordered a self - reasoned resolution to the Council that "within a month " install the Spanish taught in the place of " highest honor " in the "historic buildings " is usually presented, according to the order, "on the balcony of the center of the frontispiece."
The statutory institution appealed this executive order of TSJPV to understand that the 2005 judgment does not specify the specific location of the flag was waving. The Board of Administrative Litigation of the Supreme Court has rejected appeals and condemnation of the institution headed by Martin Garitano to pay up to 4,000 euros in costs.
The Supreme makes clear that the contested order states that the flag should be placed Spain " not only in a conspicuous place, but also a place of honor" and adds that it is usual to consider that it is usual is " the balcony usually seen in the center of the façade of the historic buildings. "
The sentence, which the judge has spoken Luis DÃ_ez- Picazo, remember that teaching must occupy a " prominent place, visible and honor " in official buildings. It also states that the appellant institution placed the flag " at a site where a passerby could not spot her, oblivious to the place of honor it deserves as the values ​​it represents and honor owed ​​imply that it must be visible," it already noted at the time the Superior.
The Government delegate in the Basque Country, Carlos Urquijo, has warned the deputy general of Gipuzkoa, Martin Garitano, Bildu, that if you do not place the Spanish flag could commit a crime of disobedience and transgression - resolution dictate unfair knowingly - which entails disqualification from public office.
Urquijo was who urged the State Bar to act against placing flags on the roof of the building of the council, considering that it was not a suitable place for the flags. With the work being done by the Government and the State Bar "control of legality" is getting " the prestige of the rule of law and make the decisions of the courts are respected, as in this case avoiding the mockery of the unconstitutional " it has come to Efe. "The law is on our side, courts permanently give us reason and will continue to insist that we continue to uphold the law and state symbols," has topped.
Tags: flag, Gipuzkoa, honor, Hotel, set, Spain