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“the best interests of minors” prevail

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“the best interests of minors” prevail

The courts have once again ruled in favor of the Community of Madrid in the legal battle it is waging with the Fuenlabrada City Council concerning the construction and operation of a first reception center for immigrant minors in the La Cantueña district of this locality. In response to an appeal filed by the Fuenlabrada City Council against the judicial order which maintains the suspension of the municipal decree which stopped the work of this installation, the Superior Court of Justice of Madrid recognizes the urgency and the exceptional public interest of works, and the need to protect the interests of minors.

Given the evidence that “all the resources available to the Community of Madrid are exceeded” and that “an increase in the number of arrivals of minors is expected”, the order specifies that “no evidence is provided by the administration of the Fuenlabrada City Council, even indicating that it is incorrect data.

The Administrative Disputes Chamber of the Superior Court of Justice of Madrid once again agrees with the Community of Madrid in the face of what the regional government considers “a boycott of the Fuenlabrada City Hall with regard to the First Center of Reception for minors La Cantueña”. The Fuenlabrada town hall, as recalled by the Department of Family and Social Affairs, headed by Ana Dávila, “had the intention of suspending the work of the center as a precautionary measure and the courts denied this”.

The judgment states in its writings that “the municipality of Fuenlabrada questions the best interests of unaccompanied foreign minors and all that this implies.”

Furthermore, it specifies that “this covers the granting of the precautionary measure and that it is based on the need to face the arrival of more and more unprotected foreign minors, a situation in which the own patrimonial interests exercised by the Fuenlabrada Town Hall, or the doubts in matters of town planning which he proposes to take second place in the face of the better interests of minors.

Finally, it imposes “on the applicant party – that is to say the Fuenlabrada Town Hall – the costs incurred in this appeal”, which are set at 1,300 euros.

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