The Superior Court of Justice of Madrid (TSJM) has refused to grant extremely precautionary measures requested by the Francisco Franco National Foundation to immediately paralyze the administrative procedure that the Ministry of Culture is processing to judicially request its extinction.
This is stated in an order, to which Europa Press had access, in which he rejects such a request as there are no urgent reasons. The request was made within the framework of the appeal filed against a resolution of the Ministry of Culture that calls for its illegalization.
The foundation had appealed a resolution of the Undersecretary of Culture of February 16, 2026 that inadmissible an appeal previously presented by the entity. Within this procedure, the Ministry of Culture had rejected the testimony of seven historians and researchers as witnesses.
In its request, the foundation asked that the court adopt an urgent precautionary measure without first hearing the other party – what is known as a very precautionary measure – to suspend the effects of the administrative resolution.
However, the court considers that there are no particularly urgent circumstances that justify adopting a measure of this type without first hearing the State Attorney, who represents the Ministry of Culture.
The magistrates recall that precautionary measures of this type can only be agreed when there is an immediate risk that the duration of the process will cause irreparable harm.
In this case, the Chamber understands that there is no such risk, among other reasons because the appeal is directed against a resolution of an interlocutory nature and the issues raised can be resolved during the normal processing of the procedure.
For this reason, the court has decided to deny the very precautionary measures requested by the foundation. However, the order agrees to open a separate piece of precautionary measures to study the request through the ordinary procedure.
In this process, the State Attorney will have a period of ten days to present allegations before the court adopts a final decision on the possible suspension.
The Foundation’s resource
The measure was requested within the framework of the appeal filed against the resolution of the Ministry of Culture that calls for its extinction. The Ministry of Culture began to take legal action to judicially urge the extinction of the FNFF in June 2024, under the protection of the Democratic Memory Law and the Foundations law.
The Franco Foundation has alleged the expiration of the administrative procedure, the lack of legal budget enabling the termination and the violation of the right of defense.
In its appeal, to which this agency has had access, the foundation assures that it does not use any humiliating or humiliating expression towards the victims of Franco’s regime, but rather interprets the problem from a different perspective.
Furthermore, he denies making an apology for Francoism that praises the coup d’état or the dictatorship or its leaders, nor that there is contempt or incitement to hatred or violence.
The foundation demands the suspension of the procedure and alleges irreversible damage such as its own extinction, institutional reputational damage and the irreversible alteration of the legal situation of the entity.
The FNFF points out that the administrative procedure against it implies the disappearance of its legal personality, the liquidation of its assets and the definitive frustration of its founding purposes.
Furthermore, the entity assures that its prohibition is not a mere administrative control action, but rather a sanctioning procedure.
The foundation affirms that it is the “first time in democracy” that its extinction is “at stake,” alleging that it is an organization that has been operating for “50 years.”
Therefore, it considers that its illegalization “violates article 34 of the Constitution” and the fundamental rights of freedom of ideological expression.
Source: www.eldiario.es
