Ajuda Bridge Court Ruling Still in Force
The newspaper "El Periodico-Extremadura", in its edition of 23 October 2001, proclaimed with great
delight that Spain would be able to rebuild the
Bridge of Nossa Senhora da Ajuda , between Elvas and Olivença with the argument that the 'Providencia Cautelar' (a Precautionary injunction) which
had been decreed on 15 July 2001 by the 12th Lisbon Civil Courts, to prohibit the Portuguese State
from conceding Spain authorization for the "Dirección de las Carreteras" to proceed with restoration
work to the bridge, had lapsed.
The Court had equally forbidden IPPAR (The Portuguese Institute of Architectural Heritage) to issue authorization
to the Spanish proposal on the basis of the danger of violating Portugal's rights of sovereignty over
Olivença.
After intense diplomatic pressure by Madrid, the Socialist Portuguese government instructed the Ministry
of Public Works with the intention - without putting in jeopardy the 'de jure'/constitutional situation of the territory
of Olivença - to contradict the effects of the 'Providencia Cautelar', and which it did in various
ways, even by invoking that the judicial decision had lapsed, with the argument that GAO had not presented
a 'Popular Action' within the time limit demanded by law.
In the event, GAO had not introduced into the judgement a 'Popular Action', because it had considered
that interpretation the most correct by the Civil Process Code (Art. 389), when there was no time limit
(10 days) in progress, seeing that the Plaintiff (GAO) had not been completely notified of the 'Providencia
Cautelar' in the precise terms of the proceedings.
The representative from the Ministry of Public Works having requested that the 'Providencia Cautelar' (injunction) be
declared lapsed and be lifted, GAO counteracted by offering its own opinion. The Judge of the 17th Lisbon
Civil Court on 28 January (2002), by complete coincidence, reached a similar view to the GAO argument, and being entirely in agreement,
therefore decided as follows: "On the evidence, I reject the request to declare the 'Providencia Cautelar'
lapsed".
What this means is that the judicial decision handed out in July 2001 continues totally and exclusively
valid, upon which it prohibits the issue of authorization by IPPAR and it impedes the Portuguese government
in any way to authorize the "reconstruction" of the Ajuda Bridge by the Spanish authorities.
Source: OlivençaNet
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