The High Court of Justice of Catalonia (TSJC) has issued a sentence banning an estelada "starred" pro-independence flag from being flown in a square in Sant Cugat del Vallès, a town near Barcelona. The sentence is the result of a lawsuit presented by anti-independence organisation Societat Civil Catalana against a decision by Sant Cugat's town council to fly the flag in a public square.
The court holds that the estelada "constitutes a symbol of the pro-independence claim of a portion of the Catalan public, represented by some of the political parties" and has no legal recognition as an "official symbol of any territorial administration". The judges believe it "obvious" that its use "can only be described as partisan".
The sentence says that displaying any "element" which "represents a political option" in public space is illegal, because it violates the principles of objectivity and institutional neutrality.
Supreme Court appeal
The court thereby dismisses an appeal presented by Sant Cugat town council after a Barcelona court forced them to take down an estelada they first put up in 2014. It also requires the council to cover legal costs up to a maximum of 2,000 euros. The sentence can be appealed to the Supreme Court.
The court says that public authorities do not enjoy freedom of expression and that mayors cannot be forced to break the law by a "popular mandate" from their council. Moreover, it says that official symbols do have to be displayed, even if those in government do not identify with them.