The Superior Court of Justice of Madrid (TSJM) already has the conclusions of the Association for the Defense of the Valley of the Fallen (ADVC) in the contentious-administrative appeal against the resolution of the Community of Madrid that dismisses the declaration as a good of cultural interest (BIC) of the Co-Cammide set. The key is whether the competence to grant this protection is from the Executive of Isabel Díaz Ayuso or the Stateand for the ADVC there is no doubt in that it corresponds to the government of the Puerta del Sol. The community has so far declined to take over this process, although the process has begun to make bic the Escolanía, «Fully integrated into the monumental complex»so, according to the association, “you have or do not have material competence” because “It is not admissible to grant competition for certain goods” (of the complex) “and deny it for others.”
Royal Decree not dictated
It includes the letter of the ADVC, to which the reason has had access, that the ownership “effectively belongs to the foundation of the Santa Cruz del Valle de los Fallen”, and “not to the national heritage, who only exercises the functions of Board of Trustees of the Foundation.”
All this “without prejudice to what in the future could provide for a royal decree – at which they refer to article 54 and the first transitory provision of Law 20/2020– on the extinction of the foundation and fate of its assets; Royal Decree that has not yet been dictatedand that we do not know if one day it will be dictated ».
It also appoints the ADVC three sentences of the Supreme Court that point out that “The assembly of the Valley of the Fallen is a good of state public ownership integrated into the national heritage”a statement «That it cannot serve as support to alter the ownership of real estate»without “a declarative act” or “a judicial resolution,” he defends.
And, in this sense, another high court ruling clarifies how “Nor should it argue that the monumental complex is, today, attached to public services” managed by the State Administration. Explains the ADVC that «Without such prior statement, no competence cannot be granted to the State Administration to initiate and resolve the BIC statement ».
Along these lines, the association chaired does not determine its ascription to a public service cultural and tourist ».
In addition, the “reallocation” provided by the Democratic Memory Law for the Valley of the Fallen, which “should be carried out” through the aforementioned Royal Decree, and would include a “didactic and restful function” as a place of democratic memory, “It does not allow either to argue that we are faced with a public service, however lax the interpretation you want to give to this legal figure”always according to the entity.
About that the assets and rights of the Foundation of the Santa Cruz “would be integrated into the General State Administration”, as defended by the State Advocacy, the ADVC replicates that the “future legal norm could dispose of a different attribution of the assets of the foundation”, but, “in any case, that possible integration It will occur when the foundation dissolution is available and the regime and destination of their assets “, and” when it happens, not before. “
The association affirms that «the determination, today, of the competent body for process and resolve the declaration procedure of the Valley of the Fallen (as BIC), it is not something that can be done depending on what can foreseeably establish a futuristic royal decree ».
“The application of law”, defends, “It cannot be subject to omens or assumptions of legal norms not dictated and published”apart from the fact that “administrative competence is mandatory.”
In this sense, it defends the ADVC that “the protection that is granted today will not prevent in the future that the State Administration determines a different patrimonial, organizational, or operational regime, so that No interference would occur by the Community of Madrid »to undertake the BIC.
The works: three workers between fourteen dead
The documentary “between the sky and the rock” seeks to deny the “alleged deaths and the alleged slave workers” of Cuelgamuros, according to the founder and president of the ADVC, Pablo Linares. “Nieto proud of a republican worker in the Valley of the Fallen”, his grandfather “defended that what was told about the alleged slave prisoners, the assumptions dead in him, is rigorously false.” In the documentary, and citing “documented information”, the head of the ADVC affirms that only 14 people died, of which only three were prisoners. “