The Administrative Court of Málaga has convicted the Montejaque Town Hall for the second time for delaying the delivery of documentation to the socialist spokesperson, violating his right to political participation.
The Court of Instance number 4 of Málaga has once again pointed out the Montejaque Town Hall, governed by the PP, for obstructing the work of the Socialist Municipal Group. In a new ruling, the court considers that the late delivery of documentation violated the fundamental right to political participation of the socialist spokesperson, Manuel Morales.
A request that took months to resolve
The events date back to June 11, 2025, when Morales requested information about municipal housing, lease contracts, and rental payments from 2022 to 2025. The law establishes a five-day deadline for a response, but the Town Hall did not reply. In light of the silence, the councillor demanded on July 2 the execution of the positive administrative silence, without success.
It was not until September 26, 2025, when judicial proceedings had already begun, that the Town Hall delivered the documentation. By then, the damage was already done: the socialist spokesperson had to go to court to exercise his oversight duties.
The municipal argument, rejected by the judge
The Town Hall attempted to defend itself by claiming that the later delivery of information prevented the consideration of a violation of the fundamental right. However, the court did not accept this. The ruling describes the delay as a "unjustified delay" and emphasizes that the Town Hall had the documentation since the first request.
The Public Prosecutor supported the acceptance of the appeal filed by Morales. The resolution states that the municipal inactivity violated the political participation right of Article 23.1 of the Constitution and condemns the Town Hall to pay costs, capped at 400 euros plus VAT. This decision can be appealed.
A recurrence that angers the opposition
This is not the first time this has happened. The High Court of Justice of Andalusia had already convicted the Montejaque Town Hall in a previous ruling for the same reason, forcing it to deliver copies of the requested documentation and to pay costs. This is the second conviction for obstructing the socialist spokesperson's access to municipal information.
Manuel Morales has expressed his outrage: "Once again we have been forced to go to court to exercise our opposition duties, as the mayor is irresponsible." He added: "With his scant democratic spirit, he has managed to get the Town Hall condemned for the second time and, more seriously, that it is once again the residents of Montejaque who have to pay out of their own pockets for his negligence."
The socialist spokesperson hopes that this new judicial resolution "makes the mayor reconsider and that, from now on, he acts accordingly, respecting the fundamental rights of the opposition." Meanwhile, the residents of Montejaque see their Town Hall accumulating another conviction that, in the end, everyone pays for with their taxes.
