José María Gea says TC’s decision is “justice” and should not be resorted to
PSOE, PP and C’s value judgment and United asks Board to take their “mistake”
this supporters of the tourist complex Marina Valdecanas Island applaud it The Constitutional Court (TC) accepted the objection for processing. against the Supreme Court decision ordering the complete demolition of the resort. “It’s fair,” said José María Gea, civil engineer and organizer of the site. They were the only affected parties who decided not to seek protection from TR as they understood that the complex had to be maintained as a whole; so nothing should be destroyed. What remains to be clarified in the Constitutional Court, however, is whether it should be discarded entirely by order of the Supreme Court or partly built at the insistence of the Extremadura High Court (TSJEx). ). “We understand that the entire complex is correct and legal, and we will struggle to keep it as it is”Gaia added it.
Supporters of the project have opened another legal avenue, but in the Supreme Court. They filed an extraordinary review against the same penalty that had ordered the demolition, based on the allegation that the infrastructure was built on the never formalized Special Protected Area for Birds (Zepa). Zepa Embalse de Valdecañas was declared in 2003 but was never approved by the Governing Council. Although the truth is The Natural Heritage and Biodiversity Act was not enacted until 2007.A concrete and common procedure has been established in Spain for the cataloging of Special Protection Areas for Birds. Fields cataloged prior to this date, as in the case of Valdecañas, therefore lacked a specific arrangement.
What the supporters present to the Supreme Court is a special appeal designed when an exceptional event occurs or becomes known that could change the terms of their decision. They understand that making the project illegal because it is in a non-existent Zepa District could change the meaning of any decision made against the complex.
The constitutional decision is just one more step, now the judges need to scrutinize the sources to decide whether to accept it or not. And it will be there that it will be decided whether the resort will be completely or partially discarded. In this sense, the parties demanded that the implementation of the Supreme Court decision (total destruction) be paralyzed until the new decision of the Turkish Republic, which may take more than a year. If you accept this request, the unfinished and non-working part may begin to collapse, but the rest remains standing for now.
Parliamentary groups also touched on this issue on Thursday.Therefore, Jorge Amado, deputy of the Socialist Parliamentary Group, evaluated the Turkish decision as “very positive”. formation “always” defended that economic, commercial and industrial development is “absolutely compatible” with the fight against depopulation and environmental sustainability.
Cristina Teniente, head of the popular Parliamentary Group, stressed that she always supports the regional government “on all counts” regarding the Isla de Valdecañas complex. In this sense, she reiterated that the demolition would be “very negative” for the regional economy and administration, because it would mean “a disaster for the region.”
David Salazar, chairman of the Cs Parliamentary Group, expressed his concern over the “industrial and economic development of Extremadura”. He also believes that the destruction of Valdecañas “will have a greater negative impact than a positive one.” Finally, United for Extremadura spokesperson Irene de Miguel urged the Board to assume they had made an “enormous mistake”. They passed the law against the law knowing that what they were doing was not right,” she said. And he warned that the lithium decree could follow “the same path.”
Pending Government for change in land law
The Junta de Extremadura submitted a manifesto for the legal certainty of regional and urban planning to the Ministry of Transport, Mobility and Urban Agenda last September.With proposals from 13 autonomous communities and its purpose is to guarantee legal certainty in city planning plans. The document in question makes explicit reference to protected lands in the Natura 2000 Network where it is not possible to build, as in the case of Valdecañas. “It should be understood that some land uses in these areas are compatible due to their contribution to rural development, and sectoral arrangements that can be implemented based on the values that are the subject of protection are respected,” the manifesto said. For the time being, the central government has not made a decision, but if the petitions are accepted and the land law is changed, Valdecañas will have a chance to survive because the resort will be allowed to be built in that area.
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