The Supreme Court endorses removing the name of a general former head of Franco's military house from a street in Madrid

Gives its approval to the agreement of the Madrid City Council in application of the Law of Memory

MADRID, 20 Dic. (EUROPA PRESS) -

The Supreme Court has endorsed removing the name of a general who was head of the military house of the dictator Francisco Franco from a street in Madrid. Thus, it has given the go-ahead to the agreement of the city's Governing Board adopted in May 2017 and has done so in application of the Memory Law, which establishes that public administrations must withdraw commemorative mentions of personal or collective exaltation , the military uprising, the Civil War and the repression of the dictatorship.

The magistrates have confirmed the legality of the agreement by which the name of the street was suppressed General Asensio Cabanillas, Minister of the Army in 1942 and former head of Franco's Military House.

"Giving a street the name of a person who participated actively and in a relevant way in the military uprising of 1936 and in the Civil War and held positions of the highest importance in the political regime that emerged from it is an act of exaltation contrary to article 15.1 of Law 52/2007", the court concluded.

In a sentence, to which Europa Press has had access, the Supreme Court has resolved as a matter of appeal interest the scope and meaning of the concept of exaltation established by the Law of Memory; specifically, if it includes the mere participation in all or some of the historical events that materialize --military uprising, civil war and dictatorship--, such as the fact of having held relevant public offices.

In 17 pages, the magistrates have explained that "the exaltation prohibited by article 15.1 of Law 52/2007" responds to the "acts of public administrations that objectively enhance, praise, dignify or suppose a laudatory recognition of any of the facts that identifies its final paragraph or all of them: the military uprising of 1936, the Civil War or the repression of the Dictatorship".

In the resolution, for which Judge Pablo Lucas has been a rapporteur, the Supreme Court has stressed that in order to comply with what the law establishes, it is not necessary to detail the connection of the name of the street separately with the three events included in article 15 (military uprising, civil war and dictatorship), but one of them is enough.

Thus, the Contentious-Administrative Chamber has considered that by naming a street General Asensio Cabanillas "recognizes, distinguishes, enhances and recalls the outstanding contribution" of said General to "the military uprising of 1936, to the War into which it led and the political order imposed after it".

The Governing Board of the City of Madrid agreed on May 4, 2017 to replace the name of General Asensio Cabanillas street with that of the Poet Ángela Figuera, in application of the Law of Memory.

Said Board took into account a Report from the Commissioner for Historical Memory dated April 24, 2017, which described the former as an "Africanist soldier who was decisive in the uprising of the Army of Africa in July 1936", and who "took part in the activities of the troops in the advance of the insurgents through Extremadura.According to what is also recorded, "he was Minister of the Army in 1942 and held several high positions in the regime, including Head of Franco's Military House".

The matter reached a Contentious Administrative Court of Madrid as a result of an appeal filed by Grupo Empresarial Astilbe, SL, which has its registered office on the street in question. On that occasion, the courts agreed with the company and annulled the municipal decision, considering that it had not been proven that the actions of the aforementioned general were relevant in sustaining the dictatorial regime nor did it imply exaltation of the military rebellion, of the Civil War or the repression of the Dictatorship.

Dissatisfied with this conclusion, the City Council took the case before the Superior Court of Justice of Madrid, which agreed with it and restored the agreement. But the business group filed an appeal before the Supreme Court. Finally, the High Court now confirms the ruling of the Madrid court and endorses the legality of the agreement adopted by the Governing Board.