SEVILLA, 15 Feb. (EUROPA PRESS) -
The Administrative Division of the Superior Court of Justice of Andalusia has annulled part of the decision of the central government representatives in Seville after the appeal brought by CSIF Sevilla against the decision of the Sub on its planned merger Wednesday the union with other platforms of public employees to the Andalusian Parliament against the decree law to reorganize the public sector.
Platforms and public employee unions will concentrate this Wednesday, February 16 at the gates of the Parliament of Andalusia in Seville, coinciding with the day's debate of decree to reorganize the public sector in the full House on a day in which staged the "burial" of the civil service with candles and people dressed in black, and where, simultaneously, there will be concentrations all provincial capitals against this decree law.
Given this, the central Prefectures in Seville issued on 8 February a resolution authorizing the concentration of day 16, but where occupation is prohibited from all public roads in the concentration to the gates of Parliament, and the use of apparatus and instruments that produce noise, as horns or whistles.
In that sense, CSIF Sevilla appealed to the TSJA in Seville against the decision of the central government representatives, since in his view, "restrict freedom of expression and the constitutional right to demonstrate" a resource that has been "partially successful" and that is "void" the resolution "because of his disagreement with the law" in certain aspects and claims of the appellants' right to celebrate the announcement expected before the Houses of Parliament "in concrete terms" .
According to the ruling, which had access to Europa Press, it is recalled that the contested decision established a series of conditions that "affect the conclusion of the act", indicating that participants had to leave expeditiously Calle San Juan de Ribera in the area closest to the Parliament Andalusian, from its intersection with Calle Muñoz León to access Hospital Virgen Macarena.
addition, the decision of the Sub was pointed out that should leave "expeditiously at all times of entry or exit of persons" as the Andalusian Parliament and the hospital and also the participants should "refrain from use of acoustic elements contrary to municipal ordinances. "
These limitations supposed to "go conflicting interests, on one hand the demonstrators to express their opinions without access to the Members of the Parliament building, the access and egress to the Hospital Virgen Macarena, and the run on the San Juan Street de Ribera. "
At this, the TSJA, citing extensive case law, remember that the Merger may be prohibited only when there are reasonable grounds for believing that if there are such movements may lead to a situation of disorder material in the affected public transit ".
Also remember that "only in very specific cases involvement carries traffic a public disturbance involving danger to persons or property ", after recalling that" by its very nature the exercise of the right of assembly requires the use of public transit locations and allows instrumental occupation of roads. " The holding of such meetings often produce impairments and restrictions on the movement of people and vehicles, "he added.
The TSJA states that in the contested decision the Administration" states its intention to harmonize the rights of demonstrators with the rest of citizenship, and introduces modifications in the exercise of their right of assembly does not preclude the functioning of Parliament or the emergency services of the hospital and holding the event conditions requiring expedited leave San Juan de Ribera ".
At this, the aims TSJA the" legitimacy "of protesters to express their views to Parliament, and ensures that "no records the slightest hint or suspicion of possible violence by protesters, according to their own assessment of the defendant authority, so no reason we can deduce restriction.
CONCILIATORS RIGHTS
On the development of parliamentary duty to establish the restriction imposed on the demonstrators, the TSJA remember that the intention of the demonstrators is to "express their opinions in public, outside the Parliament building and affirming the existence of two gateways to the Andalusian Parliament other than the San Board de Ribera, so one can not deduce a reason for the restriction. "
They believe that "are to reconcile the claims of the protesters with the emergency services, ambulance entry and exit, and possible evacuation of the Hospital Virgen Macarena."
For TSJA "is more proportional to the content of the right of assembly protesters can be located in the space next to Parliament, should be expedited the remainder on Calle San Juan de Ribera, including median and the opposite side, so "we can not share the restriction on freedom of assembly as it has imposed and agreed the estimated partial judicial review. "
REACTION
To CSIF CSIF, the favorable ruling" has two arguments that correspond to those quoted by us, for the path Parliament is not unique, there are three, and that there are two doors, so that deputies can perform their work and in no way restricts the freedom of Parliament, while they themselves tried to stifle us our freedom of expression. "
" And the Administration acknowledges that there is the slightest hint or suspicion or evidence of violence so there is no reason for restriction, have prominent trade union sources, emphasizing that this ruling is a victory against this policy of trying to shut our mouths. "Likewise, will have noted that" all the noise we deem appropriate "in such mobilization.
This afternoon all the mortuary kit parliament. 
