The Contentious-Administrative Judge number 12 of Madrid has urged the Madrid City Council to adopt the necessary measures for the conservation, decoration and cleaning of the Victory Arch, known as Puerta de Moncloa.
This is stated in an order, to which EP had access, in which the magistrate considers an appeal filed by the Association for Reconciliation and Historical Truth against the dismissal of the aforementioned request made on January 16 of last year by the appellant herself. urging the respondent Local Corporation.
Specifically, the City Council was required to urge the owner of the monument to carry out the works and adopt the necessary measures for its proper conservation and decoration. It was also requested that the cleaning of the public space corresponding to the specific location of the aforementioned monument be ordered.
The ruling comes after the City Council has signed an agreement with the Complutense University (UCM) to obtain the transfer of the plot and the Victory Arch monument for 25 years, extendable to a maximum of 75, and to be responsible for the rehabilitation of the same and valorization with some works that could start in 2025.
In the resolution, the Chamber states that the expert reports are fully ratified, both those issued by public officials at the municipal request, as well as the one prepared by the architect Ismael de la Barba Palacio at the request of the challenging Association, in which "it is fully stated accredited the deplorable state of conservation, ornamentation and cleanliness in which the monument was found.
Likewise, the judge points out that the inclusion of the aforementioned monument as an Asset of Cultural Interest (BIC) by the Community of Madrid and its inclusion as a singular element with level of protection 'I Historical-Artistic' in the Catalog is also proven. of Real Estate protected by the General Urban Planning Plan of Madrid of 1997.
"The defective situation in which the aforementioned monument was found was already known to the defendant City Council, as evidenced by the Note sent by the Managing Director of the Madrid Transport Consortium to the General Director of Cultural Heritage of the Madrid City Council, which is included in page 15 of the file," he says.
The Chamber adds that the association has accredited, "the regrettable state of conservation and ornamentation of the monument, with express reference to the main pathologies observed, derived from dirt, the lifting of slabs on its esplanade and graffiti."
To this end, the association attaches a list of the main actions to be undertaken by the defendant City Council as the competent Administration in relation to cleaning and administrative police actions.
For this reason, the judge states that the contentious-administrative appeal must be upheld, and that the municipal action that is the subject of the controversy raised must be "rendered without effect because it is not in accordance with the legal system."
