The court denies the Francisco Franco Foundation's request to urgently halt its banning

BarcelonaThe High Court of Justice of Madrid (TSJM) has rejected granting the urgent precautionary measures requested by the Francisco Franco National Foundation to immediately halt its outlawing, promoted by the Spanish governmentThis is stated in an interlocutory ruling, to which ARA has had access, in which the court argues that there are no "reasons of urgency." The decision is subject to appeal.

Within the framework of the proceedings for the dissolution of the foundation initiated by the Ministry of Culture, the entity requested an urgent precautionary measure without first hearing the other party—known as an extremely urgent precautionary measure—to suspend the process. It argued that its being declared illegal would imply "the disappearance of its legal personality, the liquidation of its assets, and the definitive frustration of its founding purposes," as well as "reputational damage."

The court, however, considers that there is no risk of irreparable harm that would justify making an urgent decision without first hearing the position of the State Attorney's Office. Nevertheless, it does agree to open a separate proceeding for precautionary measures to study the foundation's request through the ordinary procedure. In this procedure, the state attorney will have ten days to submit arguments before the court makes a final decision.

The Ministry of Culture initiated legal action to dissolve the Francisco Franco Foundation in June 2024Under the protection of the Democratic Memory Law, this process, which will ultimately depend on the courts, has been rejected by the organization, which denies that it glorifies Francoism or the dictatorship, nor that it makes any humiliating or derogatory statements about the victims of Francoism. The Spanish government denounces the exact opposite: "It glorifies Francoism, praises the coup d'état and the dictatorship, extols its leaders, despises and humiliates the dignity of the victims of the coup d'état, the war, and Francoism, and directly or indirectly incites hatred or violence against these victims," ​​it stated in the report for outlawing.