The Constitutional Court has confirmed the suspension of two important laws passed by the Galician Parliament and challenged by the government. In both cases, the government justified the need to ensure the protection of the environment and requested the suspension. The first of these laws is 7/2022 of December 27th on fiscal and administrative measures and the second is 4/2023 of July 6th on the integrated planning and management of the Galician coast. The government requested the suspension of various provisions of these legal texts, and the Constitutional Court initially agreed to this for a period of five months, which has now been extended indefinitely, pending a ruling in principle in the next quarter.
The underlying issue being discussed in both appeals centers on the legality of the remaining buildings, which could harm the landscape wealth and natural environment of the Galician coasts. The objections formulated by the public prosecutor's office also included the request for a suspension, and the law stipulates that after the five-month period has expired, the Constitutional Court must decide whether the agreed suspension should be maintained or revoked. In this case, the Court confirmed the paralysis of the key point of the law contained in Article 10 and its transitional provision, which “establishes a limitation period of 15 years for the action to enforce the restoration of legality”. the easement zone for the protection of the maritime-terrestrial community.” In short, the aim is to clarify whether this 15-year period represents sufficient protection for the environment from certain constructions that could be saved and whose continuation may not be compatible with environmental protection is compatible.
The resolution, whose speaker was Judge Laura Díez, from the progressive sector of the court, considers that if the suspension of these regulations is not maintained, it could lead to “the consolidation of legal situations that are irreversible or difficult to reverse” would be the values harming the nature and landscape of the Galician coast.” The court says it took into account “the need to protect the environment, which is a primary interest in incidents of this type, which involve maintaining or lifting the suspension of the regulations. “
In the second case, the Constitutional Court also upheld the suspension of the main provisions of the Law on the Planning and Integrated Management of the Galician Coast, with similar objectives and arguments. The decision is based on the fact that in incidents of this type – in which the feasibility of the challenges is not taken into account – the preservation of the ecological and environmental interest “deserves the status of a priority interest” given the fragility and irreparability of. the damage that could occur in the event of its disruption.”
The resolution, whose speaker was Judge César Tolosa of the conservative bloc of the Constitutional Court, assessed “the impact” that the regulation of Galician law will have on the maritime terrestrial public domain. For this purpose, it takes into account both the definition and extent of the coast provided for in the law and the content of the powers recognized for its management and the permitted uses. Now he explains that he attaches relevance to all these aspects because of “the constitutional obligation to protect the Demanio”. [dominio público] maritime-terrestrial, to ensure both the preservation of its physical and legal integrity, as well as its public use and its landscape values,” are purposes provided for in the Constitution itself.
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