The fate of the Valley of the Fallen (currently known as the Valley of Cuelgamuros) seems sealed on the political agenda, but the courts are waging a silent legal battle that few know about. Faced with the government’s architectural “reinterpretation” project and the widespread silence of much of society and the Catholic hierarchy, an independent academic has decided to challenge the Executive Branch at the highest legal level in the country. She is not a political party, nor a large organization; the press has simply labeled her “a private citizen.” She is Blanca Parga Landa, a Doctor of Naval Engineering and a Law graduate, who has filed a direct administrative appeal with the Supreme Court.

His legal offensive is not about generating media attention, but about upholding the law. For Parga, the “reinterpretation” promoted by the Democratic Memory Law clashes head-on with the Spanish Constitution and Public International Law. His argument is forceful:  “There’s no room for negotiation when the law is on our side . “

The clash of laws: “Where the captain commands, the sailor doesn’t.”

The jurist’s argument rests on the principle of hierarchical norms protected by Article 9.3 of the Constitution. The Valley of the Fallen is protected by the 1979 Agreements between the Church and the State, which have the status of an International Treaty.

Parga uses a nautical analogy to explain it graphically:  “Where the captain commands, the sailor doesn’t. Here, the sailor is contradicting the captain .” Since an international treaty takes precedence over ordinary law, the 2022 Democratic Memory Law would not have the legal authority to alter the status of the Abbey or its sacred surroundings. Furthermore, the lawyer points out that this law lacks what the Supreme Court calls real “democratic legitimacy,” having been approved by only 173 votes in favor in Congress, compared to 176 representatives who did not support it (including votes against, abstentions, and absences).

Secrecy and contradictions of the Interministerial Commission

The appeal also scrutinizes the actions of the Public Administration, which is obligated by Article 103 of the Constitution to act in full compliance with the law. The Government created the Interministerial Commission for the Redefinition of the Valley under the Law of the Legal Regime of the Public Sector, whose articles explicitly state that this type of body  “may not have direct effects on third parties .” However, the consequences for architects and bidders have already become apparent.

Added to this is a veil of secrecy. According to Parga, the Transparency and Good Governance Council opened an investigation into the commission for failing to publish the minutes of its meetings. To date, all its sessions have been strictly “secret,” violating institutional transparency obligations. Furthermore, given that this is an international commitment with the Holy See and the Benedictine Congregation of Solesmes (France), the minister responsible for any negotiations should be the Minister of Foreign Affairs, who, curiously, was excluded from this interministerial body.

On the other hand, the jurist dismantles the widespread thesis that defines the complex as a state-owned public asset: the Property Registry of San Lorenzo de El Escorial formally states that the true owner of the property and the buildings is the Foundation of the Holy Cross of the Valley of the Fallen, a historical and legal detail that the Government of Aragon itself recognized at the time on its official website, categorizing it as a “private foundation”, information that was later deleted from the regional portal.

A rebuke to the Catholic Church

Beyond the legal technicalities, Blanca Parga’s motivation stems from a deep personal and religious conviction, acting in good conscience as a member of the Catholic Church in the face of what she considers a “profanation” and a direct attack against the things of God.

In her statements, the doctor does not hide her bewilderment at the passivity of the believers themselves, Spanish parliamentarians and prelates, comparing the situation with the firmness of other faiths:

“When you read the court rulings, you see the force with which Jehovah’s Witnesses, Muslims, or Evangelicals litigate, defending their premises, their right to wear symbols, or religious freedom. I don’t know what’s happening to the Catholic members of Spanish parliament, the hierarchy of the Catholic Church in Spain, and the majority of Catholics. They’re trampling on us… and it seems that, since Saint Isidore was Spanish, they sit idly by waiting for angels from heaven to come and fix everything for us . “

According to Parga, negligence, apathy, and laziness in studying such a complex issue have allowed an architectural transformation competition to extend to the interior of the altar. However, with the appeal admitted for review by the Supreme Court, the legal options are now on the table, and the final decision has not yet been made regarding the Valley of the Fallen.

Original source:  Blanca Parga goes to the bottom of the law in the Valley of the Fallen , by Javier Navascués in InfoCatólica