Justice prevents a new attempt to prohibit public prayer of the Rosary in Madrid

The Spanish Justice prevents a new attempt to prohibit the public prayer of the Rosary of Ferraz in Madrid, an initiative that has prayed for the conversion of Spain since last November without interruption.

The Superior Court of Justice of Madrid (TSJM) has agreed that the decision of the Provincial Electoral Board of Madrid to prohibit the call for the next June 8 and 9 is annulled for “violating the right of assembly of article 21 of the EC (Spanish Constitution)”, as reflected in the ruling to which ACI Prensa has had access.

The Contentious-Administrative Chamber of the TSJM also annuls the resolution of the Government Delegation in Madrid that implements what was agreed by the Electoral Board.

The decision adopted by the TSJM thus supports the position defended by José Andrés Calderón, promoter of the initiative and the Public Prosecutor’s Office and against what was proposed by the State Attorney’s Office.

Calderón, promoter of Rosario: it is a first victory, of the many to come”

Calderón tells ACI Prensa his satisfaction with the ruling: “We are very happy with the decision of the TSJ of Madrid. Common sense finally prevails. It has been demonstrated how the Government Delegate of Madrid only seeks to persecute and harass Catholics.” In his opinion, this favorable decision “is a first victory of many to come.”

On the other hand, Calderón is convinced that “the arbitrariness and ideological sectarianism of Francisco Martín Aguirre (Government Delegate in Madrid) will not go unpunished. In any case, we are very clear that praying on the stairs of a Marian sanctuary can never be a crime or administrative offense.”

“With permission or without permission we were going to pray,” adds Calderón, who hopes that next Saturday and Sunday the steps of the Sanctuary of the Immaculate Conception where they have gathered to pray since November 12, “will be filled with Catholics to show that the servants of Christ we are proud of our faith and that attempts at prohibition only serve to generate the opposite effect. “We are not going to take a step back no matter how many obstacles they put in front of us.”

The court highlights the lack of argumentation in the prohibition of the Rosary

The original decision, now annulled, was based on the fact that the days of reflection and voting for the next European elections will take place on May 8 and 9, without further argument.

The TSJM has collected the jurisprudence of the Constitutional Court invoked by Calderón, which establishes that “only when well-founded reasons are provided, in the expression used by art. 21.2 CE, on the electoral nature of the demonstration, that is, when its purpose is to capture votes (art. 50.2 LOREG)… it may be disallowed based on said reason.”

Thus, he points out that “the decision not to allow the rally on June 8 and 9 in order to guarantee the purity of the electoral process is a decision that is not justified and, therefore, does not obey any founded reason.”

The ruling maintains that in the call for prayer there is no “purpose of obtaining votes” nor has it been proven that it could impede the right to vote: “The Administration has not proven the existence of founded reasons that justify that the concentration called on the 8th of June to pray ‘the Rosary for Spain and in defense of the Catholic faith throughout the world’ could in any way affect or disturb the political neutrality of the so-called day of reflection.”

Furthermore, he states that such a thing cannot be inferred from June 9, voting day, “since it has not been proven to what extent it can affect the constitution of the polling stations of the polling stations, much less it has been proven to what extent it can those attending the rally with that motto and with the expected number of attendees (80 people) influence or hinder access to voters.”

Impediments and fines against the Rosario de Ferraz

It is not the first time that attempts have been made to prevent the prayer of the Rosary of Ferraz, which began on November 12, 2023 next to the Sanctuary of the Immaculate Conception located on that street, a few meters from the national headquarters of the ruling Party. Spanish Socialist Workers (PSOE).

The Government Delegation in Madrid tried to prevent the calls to pray on the 27th, 28th and 29th, which were answered by the massive presence of faithful who, rosary in hand, stood in front of the Anti-Riot Units of the National Police sent by the government authority.

Recently, José Andrés Calderón received notification of fines in the amount of 3,600 euros accused of “disobedience and resistance to authority” referring to January 2, 3 and 4, 2024.

Calderón maintains that he has never participated in the political protests that take place in the vicinity of the parish where he prays the Holy Rosary and denies the accusations that this prayer serves as an “excuse for political protest.”