20180705
5 July 2018

The High Court of Justice of Catalonia prohibits Sant Cugat Town Hall from placing a pro-independence flag in one of the town squares

Breaches:



Societat Civil Catalana had requested the Town Hall to remove the pro-independence flag. When the council’s refusal, the association filed an appeal, and the Second Administrative Court of Barcelona ruled in favour and ordered the removal of the flag. The Town Hall appeals to the High Court of Justice of Catalonia, which reiterates the ban. The High Court of Justice of Catalonia considers that the pro-independence flag represents a privatisation and permanent occupation of public space and violates the principles of objectivity and institutional neutrality. In addition, the High Court of Justice of Catalonia considers that this action does not fall within the framework of freedom of expression. The Town Hall had already moved the pro-independence flag from where it was, from Plaça Lluís Millet, to Plaça Octavià following the decision of the Second Administrative Court. However, the Town Hall ended up removing it in February 2017 after the Court again forced them to take it down in a second ruling.

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