Reopening of the case at the Constitutional Court
The residents of Gràcia in the neighborhood where the Casal Popular Tres Lliris is located have submitted a request to the Constitutional Court to reopen the case related to the transfer of the casal by Barcelona City Council. This issue is linked to Eloi Badia, former councilor of Barcelona, deputy for Sumar and candidate for Sumar Commons in the upcoming Catalan elections on May 12, where he is number 1 for Girona. The request to reopen the case came after the 27th District Court of Barcelona agreed to investigate Eloi Badia and four technicians for the alleged irregular transfer of a premises to a youth association in Gràcia. This triggered a complaint for embezzlement and embezzlement of public funds, as the award was made without a public competition.
A controversial transfer
According to the complaint, the premises were given to a youth association without following the proper procedure, generating coexistence problems in the neighborhood. Although the court filed the complaint arguing that the transfer did not require a public tender because it was a social and non-commercial use, the residents have appealed to the TC arguing that the decision violated their right to effective judicial protection .
Complaints from neighbors to the Constitutional Court
The affected residents argue that they live with inconvenience due to the noise and the situation of the occupied building. His lawyers are asking the TC to reverse the filing decision as they consider that there has been a violation of the right to receive fair judicial protection. In addition, they complain that the district of Gràcia, under the presidency of Eloi Badia between 2015 and 2019, ceded other spaces to squatter groups, generating controversy and discomfort among residents.
Badia’s defense in the face of the facts
Eloi Badia, involved in this controversy, defended before the court that the direct transfer of the premises complied with the law, since it was carried out with non-profit entities and for social purposes. In addition, he emphasized that this type of direct assignment was common practice at that time in Barcelona City Council. However, the residents’ appeal before the TC questions this interpretation and demands that the case be reviewed to guarantee equal protection for the residents of the area.