Madrid high court rejects regional government bid to evict Puerta del Sol housing camp

The court ruling on administrative inaction

The Sixth Section of the Contentious-Administrative Chamber of the High Court of Justice of Madrid dismissed the precautionary measure requested by the regional government to dissolve the encampment at Puerta del Sol. The court determined that the regional administration failed to prove unlawful administrative inactivity by the central government delegation in Madrid under Spain's administrative jurisdiction law. The magistrates grounded their decision on Articles 29 and 136 of the law, which specify that an administration must be given a three-month legal period to address a formal demand before judicial claims of inaction can proceed. Because that three-month statutory window had not passed since the regional government's demand, the legal requirement for demonstrating administrative inaction was not met. The magistrates emphasized that rejecting the precautionary request does not resolve the substantive merits of the dispute, leaving the overarching case open for further proceedings.

Regional demands and urgent appeals

The legal dispute began after Madrid regional president Isabel Díaz Ayuso demanded that central authorities immediately dismantle the camp, which was erected 11 days earlier to protest the housing crisis and the eviction of a local resident named Maricarmen. Regional authorities gave the central government delegation a 48-hour ultimatum before filing a contentious-administrative appeal, arguing that public space was being illegally occupied. Ayuso announced the regional government's legal action during a public appearance the previous week.

I announce to you that this very morning the Community of Madrid will file a contentious-administrative appeal against the inaction of the government delegate, who refuses to evict the illegal encampment in Puerta del Sol, an encampment that should never have been permitted.

On 5 October 2026, the court rejected the regional administration's initial request for emergency interim measures without a hearing. The tribunal noted that an immediate forced eviction could compromise fundamental rights and carry irreversible consequences, ordering a brief period to hear arguments from the central government delegation.

Arguments presented by the state

The State Attorney's Office, representing the central government delegation, submitted its response on the morning of 7 October 2026. The filing argued that the regional lawsuit was premature because the administration had not observed the standard one-month response deadline following receipt of the formal notice on 1 October 2026. Government representatives stated that a forced eviction would cause more harm than allowing the camp to remain, warning of physical danger to individuals and potential damage to urban infrastructure. The state also argued that police intervention during assemblies must remain gradual and proportional, reserving full dissolution as a measure of last resort. Officials maintained that authorities had not been passive, noting that dedicated corridors were established in the square to ensure pedestrian mobility and maintain access to local transit.

Judicial deliberation and next steps

Following the submission of arguments, the panel of judges deliberated for approximately four hours before issuing their ruling on Wednesday afternoon. The judges affirmed that administrative inaction cannot be equated with a general failure to exercise administrative powers, referencing Supreme Court jurisprudence requiring a concrete public duty established by law or contract. The decision allows the housing protest camp to remain in Puerta del Sol while the primary legal case continues through the courts. The regional government has not indicated whether it plans further appeals or additional legal filings regarding public order in the square.