The bill of the PP and Vox, which defends the expansion of irrigable areas in the Doñana area, will see the light of day on April 12, since the PP has enough and thanks to its absolute majority (58 deputies out of 109) it will bring And although Juan Manuel Moreno’s government has again avoided issuing a report on its position, the lawyers of the Parliament of Andalusia have raised legal objections to the initiative without ever disqualifying it. The jurists conclude that the legislative path chosen – the proposed law – is like killing flies with cannon shots, since they are ordinary regulatory changes that are the responsibility of the government and not the parliament, which is why “it doesn’t is respected “The beginning of the normative hierarchy.
This is the second time that the PP has defended the development of irrigation in five municipalities in the county of Huelva (Almonte, Bonares, Lucena del Puerto, Moguer and Rociana del Condado). In the previous legislature, the proposal was rejected because the elections were preempted, but now MPs are returning to save it, spurred on by Vox, which was the first to put it forward this legislature. The background is none other than the upcoming local elections on May 28th. Although the proposal poses no parliamentary risk and the Andalusian legislature has only just started, the PP has requested that it be processed urgently, cutting the deadlines in half. It is very likely that it will be published in Parliament’s Official Gazette before the August holidays.
The Andalusian government did not want to establish its criteria for or against its examination, as it did in the previous legislative period. The executive is not obliged to comment, so it can pass the buck before the parliamentary groups propose a law, but this is not usual. In the case of the Parliament, this procedure cannot be circumvented as it has to draw up a mandatory report, which is however not binding.
Carmen Noguerol, the attorney signing the March 24 report, questions the use of a law to encourage lower-tier regulatory changes. “While it is understandable that the bill has objective justification, at no point is it stated that the specific amendment to the special plan is proposed [de Ordenación de Regadíos del Condado de Huelva, aprobado por decreto en 2014] it must be done by a formal law and not by regulation (…) justifying the omission of the “regulated procedure” in the Impulse Law for the Sustainability of the Territory of Andalusia, approved in 2021. “It does not seem that it is justified that in the present case it is fulfilled (…) that the application of formal law is a proportionate and proportionate measure in relation to the exceptional situation that justifies its consent”. In this sense, the report cites a judgment of the Constitutional Court of March 2015, which states: “The enactment of singular laws must be limited to those exceptional cases which, because of their extraordinary importance and complexity, cannot be remedied by the instruments used by the administration be available”. The report recommends changes in the legislative technique of the proposed law, noting that what is registered “is not correct”.
On the same day that the PP and Vox initiative is expected to be approved, Parliament will debate a non-legal proposal by the PSOE, agreed with the mystery of the ecological transition, which defends itself with the European authorities the measures to some in Donana. It also proposes the establishment of a central bilateral commission between the junta and the government to deal with everything affecting the national park, including “execution of suspended hydraulic infrastructure”.
The processing of the future law proposed by PP and Vox, which provides for an expansion of the irrigable areas by around 1,500 hectares, caused a new warning from Brussels. On March 17, Environment Director-General Florika Fink Hooijer sent a letter to the Spanish government warning that the Commission would not hesitate to take “all necessary measures, including the submission of a new appeal to the Court of Justice, in which he would request the imposition of fines”.
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Andalusian government spokesman and Minister for Sustainability, Environment and Blue Economy, Ramón Fernández-Pacheco, claims that the PP initiative “protects Doñana like never before” because it “prohibits the extraction of any water resources from the area”.
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