Madrid Court Rejects Bid to Evict Housing Rights Protest Camp

Key Takeaways

• The High Court of Justice of Madrid (TSJM) has rejected an urgent request from the regional government of Isabel Díaz Ayuso to forcibly clear a housing rights protest camp at Puerta del Sol.
• The court ruled that the petition cannot be processed through emergency injunction procedures, opting instead for a standard precautionary review.

Legal Rationale

• The court emphasized that the right to assembly must be protected and that dismantling protests is a measure of last resort.
• Immediate eviction without hearing from the central government's legal counsel would be disproportionate and could lead to irreversible consequences for the protesters.
• The judiciary highlighted that an eviction could necessitate the use of physical force by security services, making it essential to first hear arguments from the Government Delegation.

Procedural Next Steps

• The court has ordered the State Attorney's Office to submit its arguments regarding the protest.
• A deadline for these submissions has been set for Wednesday at 9:00 a.m.
• This judicial order cannot be appealed by the Madrid regional government.