The TSJM rejects the eviction of the Sol camp after the allegations of the Government Delegation

According to the information available up to October 7, 2026, the so-called “motion for reconsideration” by the Community of Madrid against a decision of the Superior Court of Justice of Madrid (TSJM) appears in the press as an announced intention, not as a motion already filed and processed. Consequently, at this moment there is no public record of a motion for reconsideration already submitted and ongoing against the TSJM order, so it does not yet have its own procedural status.

1. Which TSJM decision are we talking about

The clearest references in the media and in Demócrata point to two different fronts where the Community of Madrid has clashed with the TSJM in 2026:

• The order that obliges the Community to initiate procedures to create the registry of professionals who are conscientious objectors regarding abortion, at the request of the Ministry of Health. The TSJM accepts the precautionary measure requested by the State and orders Madrid to move forward with implementing the registry.
• The request for urgent precautionary measures by the Community to immediately evict the Sol encampment, which the TSJM has rejected, moving the procedure to be processed through ordinary precautionary measures ( news in Demócrata ).

In the first case (registry of objectors), reports indicate that the regional government announced it would appeal by motion for reconsideration the TSJM's precautionary order; in the second (Sol encampment), what has been resolved is a request for urgent precautionary measures within a contentious administrative appeal by the Community, without specific mention in the news of a motion for reconsideration against that particular order.

2. What is known about the “possible” motion for reconsideration

The collected information states that the Community of Madrid:

• Has announced its intention to file a motion for reconsideration against the TSJM order that obliges it to implement the registry of abortion objectors, insisting that the court has not yet addressed the merits of the case.
• In the case of the Sol encampment, the TSJM has already issued an order rejecting the urgent precautionary route and the procedure continues through ordinary precautionary measures; here the news focuses on that procedural development, not on a possible motion for reconsideration.

However, neither the notes nor the Demócrata pieces consulted indicate that:

• The actual filing of that motion for reconsideration has been publicly confirmed.
• There is already a TSJM resolution on that motion (acceptance or rejection).

In other words, the situation reflected by the sources is that of a motion that the Community may file and has said it will file, but whose procedural path (filed, admitted, resolved…) is not yet documented in the public information consulted.

3. What would be its “typical” procedural status

Generally, against an order adopting a precautionary measure in the contentious-administrative jurisdiction, the affected party has a short deadline (usually five days) to file a motion for reconsideration before the same Chamber that issued it.

In this framework, the procedural status of the motion for reconsideration would follow these phases:

• Before filing: it exists only as a legal possibility or political announcement. This is the situation that, according to the news, best describes the case today: the Community may appeal and has stated it intends to do so.
• Filed and pending resolution: once filed, the TSJM must decide whether to maintain, modify, or revoke the precautionary measure. During this time, the motion is “in process”; the measure adopted in the order is not automatically suspended merely by appealing it.
• Resolved: when the Chamber issues an order resolving the motion. At that moment, the internal route before the TSJM is exhausted and, if applicable, cassation before the Supreme Court could be attempted, if the law allows.

4. Conclusion on the current status

In view of the above and what has been published so far:

• The “motion for reconsideration” being discussed is, as of today, an announced option by the Community of Madrid against a TSJM order, not a motion whose processing and resolution are publicly documented.
• Therefore, a specific procedural status cannot be assigned (pending, admitted, resolved, etc.) beyond that phase of eventuality/announcement.
• Until there is evidence that the motion has been filed and resolved, what remains fully in force is the original TSJM decision (especially the order obliging progress on the objectors registry and the order rejecting the urgent eviction of Sol), each in its own procedure.

The Government Delegation in the Community of Madrid (and, by internal delegation, the Government Subdelegation in Madrid created by Royal Decree 466/2003) is the state “government authority” competent in the city and province of Madrid to receive notifications of demonstrations in public spaces and, where appropriate, to limit or dissolve demonstrations, gatherings, and encampments that fall under the right of assembly.

The basic framework is Organic Law 9/1983, regulating the right of assembly, amended by Organic Law 9/1999, and is complemented by Organic Law 4/2015, on citizen security and the organizational regulations of the State Administration (Law 6/1997 and subsequent regulations). The Madrid Capitality Law (Law 22/2006) reinforces the need for coordination with the City Council but does not displace the state competence over citizen security.

Prior notification: there is no “authorization” in the strict sense

• The Constitution and Organic Law 9/1983 establish that the right of assembly does not require prior authorization. Permission is not “requested” from the Delegation, but the demonstration or gathering is notified to it.
• Meetings and demonstrations in public thoroughfares must be notified in writing to the government authority (in Madrid, the Government Delegation/Subdelegation) with a notice period between 10 and 30 calendar days.
• If there are extraordinary and serious reasons justifying urgency, notification can be made with a minimum notice of 24 hours.
• The notification must include, among other data (art. 9 Organic Law 9/1983, as amended in 1999): organizers, place, date, time, duration, purpose, itinerary, and security measures planned or requested.

The Government Delegation must notify the affected City Council of the notification data so that it issues, within 24 hours, a report on objective aspects of the route (condition of places, concurrence with other events, security conditions, etc.). This report is mandatory but not binding.

Power to prohibit or modify a demonstration

According to articles 8 to 10 of Organic Law 9/1983:

• The Government Delegation can only prohibit a meeting or demonstration or modify its date, place, duration, or itinerary when there are “well-founded reasons to believe that public order disturbances may occur, posing danger to persons or property”.
• The resolution must be reasoned and notified within a maximum period of 72 hours from the notification.
• If the organizers do not accept the prohibition or modifications, they can appeal before the contentious-administrative jurisdiction within a very short period (48 hours), with preferential processing due to affecting a fundamental right.

In practice, the Government Delegation in Madrid plays a role of case-by-case balancing between the right of assembly and the protection of public order and citizen security, under subsequent judicial control.

Dissolution of already initiated demonstrations and encampments

Organic Law 9/1983 establishes that the government authority may suspend and, if applicable, dissolve meetings and demonstrations when:

• They are criminally illicit.
• There are public order disturbances posing danger to persons or property.
• There is use of paramilitary uniforms by attendees.
• They are organized by members of the Armed Forces or Civil Guard violating their own legal limits.

The Government Delegation does not physically execute the dissolution but orders the intervention of the State Security Forces and Corps, in accordance with Organic Laws 2/1986 and 4/2015. The latter details the police powers (evictions, passage restrictions, controls in public spaces, etc.) and typifies administrative infractions for conduct that constitutes an excessive exercise of the right of assembly, prohibited or unnotified meetings, or that seriously endangers citizen security.

Encampments in public spaces

Encampments are not specifically regulated in Organic Law 9/1983 but are legally usually considered:

• either as prolonged meetings or gatherings in public thoroughfares, if they respond to an expressive or protest purpose;
• or as occupations of public space subject to municipal ordinances and Organic Law 4/2015, when they affect citizen security or the normal use of the street.

In Madrid, the Government Delegation can require that an encampment with a protest purpose be notified as a demonstration or gathering and, once started, can order its dissolution or eviction if it results in:

• public order disturbances posing danger to persons or property;
• prolonged occupation that entails risks to citizen security or seriously impedes the normal use of key infrastructures;
• non-compliance with a prohibition or conditions imposed in the Delegation's own resolution.

In summary, in Madrid the Government Delegation does not freely “authorize” demonstrations or encampments but receives the notification, can limit or prohibit only for well-founded reasons of public order with danger to persons or property, and can order dissolution when the law's specified cases concur. All this under coordination with the City Council and the Security Forces and Corps, and subject to judicial control.

Before being sworn in as president of the Community of Madrid in August 2019, Isabel Díaz Ayuso had developed a political trajectory closely linked to the Madrid People's Party, with a profile specialized in political communication, internal party structures, and parliamentary representation in the Assembly of Madrid, as well as brief experience in the regional government.

Beginnings and affiliation with the People's Party

Isabel Díaz Ayuso (Madrid, 1978), a graduate in Journalism, joined the People's Party around the mid-2000s, quickly linking to New Generations and the Madrid PP. In those early years, she mainly carried out technical and political tasks in the field of communication:

• Press area of the regional government: she worked as a communication advisor in structures of the Madrid Executive led by Esperanza Aguirre, particularly in the Ministry of Justice and Interior and later in other departments around the Presidency.
• Digital communication of the Madrid PP: she took on roles in the online strategy and social media of the Madrid PP, helping to professionalize the organization's digital presence and coordinate campaigns and messages aimed at the Madrid electorate.

This stage before her leap to an elected position consolidated her profile as an internal party cadre, very focused on communication, message strategy, and support for leaders such as Esperanza Aguirre and later Cristina Cifuentes.

Deputy in the Assembly of Madrid

Her public projection grew with her entry into the Assembly of Madrid:

• 2011: access to the regional seat. She ran on the PP list in the 2011 regional elections and ended up entering the Assembly of Madrid that same year to fill a vacancy. Since then, she has been part of the Popular Parliamentary Group.
• Parliamentary work: she participated in various committees of the regional chamber (among others, related to Telemadrid, Culture and Tourism, Education and Sports, or Presidency and Justice), which allowed her to specialize in the regional agenda and government oversight.
• 2015: renewal of the seat and leadership in the group. After the 2015 elections, she renewed her mandate and took on a more visible political role as deputy spokesperson of the Popular Parliamentary Group in the Assembly of Madrid, reinforcing her profile as a combative and media-savvy parliamentarian.

In this phase, she combined legislative and oversight work with an intense media and social media presence, using her previous communication experience to project the Madrid PP's political line in the regional chamber.

Organizational positions in the Madrid PP

Alongside her parliamentary work, Díaz Ayuso climbed positions within the internal structure of the Madrid PP:

• Head of social media and digital communication of the Madrid PP, coordinating internet campaigns and strengthening the party's image.
• Secretary and later deputy secretary of Communication of the Madrid PP, responsibilities she took on prominently from 2015, especially during the presidency of Cristina Cifuentes and later under renewed regional leadership.
• Spokesperson of the Madrid PP: she became one of the party's most recognizable public voices in the region, regularly participating in media debates and defending the Madrid PP's positions against the opposition.

These organizational responsibilities explain why, even before 2019, she was a known figure in the Madrid political ecosystem, despite not yet holding a position of maximum institutional visibility.

Experience in the regional government

Her first position in the Government Council of the Community of Madrid came in the final stretch of Cristina Cifuentes's term:

• Deputy Minister of Presidency and Justice (2017–2018). She was appointed deputy minister in the Ministry of Presidency, Justice, and Government Spokesperson, integrating into the political and institutional coordination core of the Madrid Executive. In this role, she participated in preparing Government Councils, interdepartmental coordination, and political relations with the Assembly of Madrid.

This step through the regional executive structure gave her internal government management experience and placed her at a higher level within the Madrid PP hierarchy.

Before the Presidency: candidate and spokesperson

In the period immediately before her investiture, her career took a qualitative leap:

• 2018–2019: deputy secretary of Communication and spokesperson of the Madrid PP. She consolidated as the party's main communication reference in the Community, articulating discourse against the central government and regional opposition.
• January 2019: designation as candidate for the Presidency. The national leadership of the PP, then headed by Pablo Casado, chose her as the party's candidate for the Presidency of the Community of Madrid for the May 2019 regional elections.
• 2019: deputy and spokesperson of the Popular Group. After the elections, she returned to the Assembly as a deputy and served as spokesperson of the Popular Parliamentary Group during the negotiation phase leading to her investiture.

Overall, before reaching Puerta del Sol, Isabel Díaz Ayuso's trajectory combined three pillars: a long stage as an advisor and communication leader of the Madrid PP, several years as a regional deputy — culminating with the group's spokesperson role — and relevant executive experience as deputy minister of Presidency and Justice. This path ultimately projected her as a candidate and, after the 2019 elections, as president of the Community of Madrid.

For more biographical detail, see, among others, the Assembly of Madrid profile (profile at the Assembly) and the official profiles of the Community of Madrid (transparency portal) and the People's Party (PP structure).