The Court dismisses the suspension of eviction requested by the ex -diamatic exmonies of Belorado

The Court of First Instance and Instruction number 1 of Briviesca (Burgos) has rejected the claim of the former religious of the monastery of Santa Clara de Belorado to suspend the eviction procedure, on which it has still to be decided and there is no date.

As reported by the office of the Pontifical Commissioner of the monasteries of Belorado, Orduña and Derio in a press release, in a car dated February 21, but notified on Monday, the Court has rejected the preliminarycy raised by the defense of the exmonjas Clarisas.

The judge has not admitted the request to link the resolution of the eviction demand presented by the archbishop of Burgos, Mario Iceta, as a pontifical commissioner last September to the demand filed by the exmonjas against their appointment, so the eviction procedure Follow its procedural course.

The decision is linked to the fact that the judge considers that such appointment corresponds to the international jurisdiction, so it refrains from entering it, as collected .

The order affirms that “the Spanish State recognizes the Catholic Church the right to exercise its apostolic mission and guarantees the free and public exercise of the activities that are its own, especially those of worship, jurisdiction and teaching,” according to the information contributed by the press office.

Hence, Briviesca’s Court alleges lack of jurisdiction to resolve the validity of the agreements adopted by the Holy See in relation to the appointment of Iceta as a pontifical commissioner of the monasteries last May, when the ex -religious announced their departure from the Catholic Church .

The former religious will resort both decisions

The lawyer of the ex -religious, Florentino Aláez, has advanced to Efe that both cars will resort, which are independent, respond to different requests and that do not resolve either of the two demands presented: that of eviction by the archbishop of Burgos and that of The exmonjas against the actions of the Pontifical Commissioner.

The defense had asked to link both demands and suspend the eviction procedure, but the judge has rejected it by considering that there is no connection between both processes and that the parties involved are not the same -although the law does not demand it either -an assessment that They do not share the ex -religious and that will resort.

He has also rejected the archbishop’s request to declare himself incompetent to resolve the lawsuit filed by the exmonjas in July, accepting only that it is to resolve the validity of the agreements adopted by the Holy See in relation to the appointment of Pontifical Commissioner.

Aláez has affirmed that they will resort to it, but has clarified that the demand continues its procedure in the rest of the approaches referring to the right to separate from the Church, the validity and effectiveness of the act of separation, the validity and effectiveness of the Community Transformation Agreement religious or request for withdrawal of the powers of administration and representation to the Pontifical Commissioner.

Individual separation

On the other hand, the Pontifical Commissioner’s office of the monasteries of Belorado, Orduña and Derio has assured that “there is no right to separate as a community”, which allegate excesses, but must be exercised in a personal and individual capacity, attending to Decisions of the Supreme Court and the European Court of Human Rights.

“This personal and individual exercise was recognized by the Catholic Church in the corresponding declaration processes of excommunication of each of the ex -religious” -Diez in total, “they have insisted, which were resolved on June 22, 2024, together with the expulsion of each of them of consecrated life.

An argument that rejects the defense of the ex -religious, which states that the sentences referred to are not expressed in that way and, in addition, there is a subsequent judgment of the Constitutional Court that annuls that of the Supreme Court.