The Constitutional Court has decided to partially suspend Galicia’s new legislation on coastal matters, which the government had appealed for alleged violation of state powers in coastal planning. In a first initiative against the Xunta’s decisions in this matter, the central administration has challenged two articles and a transitional provision of the budget law passed by the Galician Parliament this year. This first challenge is the one that the guarantee office accepted for processing this Tuesday.
The contested regulations allowed the Autonomous Community to apply its criteria and time limits to act against illegal constructions on the coast, setting them at 15 years. The conflict reflects the direct conflict between the government and the Xunta on the issue, as the executive announced a second appeal against the same autonomous legislation on October 10. Above all, the government defends its ability to take action against illegal construction projects.
The regional legislation had already motivated the action of a judge from Pontevedra, who questioned the constitutionality of the regulations challenged by the government and expressed his doubts in this regard to the Guarantee Authority. The said judge argued for his consultation that “it is not difficult to conclude that the said rule of autonomy has the sole purpose of favoring those who have violated the coastal law in the conservation easement area of the Galician coast and granting them a unique privilege over them grant.” who “They are committing the same offense in the rest of the Spanish coast.”
This law was passed last July and responds to the Xunta’s desire to increase its capacity to organize the Galician coast, since the State Coastal Law does not address the specific problems of the community. The President of Galicia, Alfonso Rueda, has repeatedly defended Xunta’s ability to regulate, relying on the absolute majority that the PP enjoys in the regional parliament.
However, the government responded with the above-mentioned announcement of a new appeal which, after consultation with the State Council, will challenge 31 additional articles of the said regulations. Xunta, in turn, complains that the State Council’s statement was not communicated to it, which is why it is currently not even in a position to defend itself against the central administration’s theses. The Xunta emphasizes that, on the other hand, the report prepared by the Galician Advisory Council on this law confirmed its constitutionality.
With its decision this Tuesday, the Constitutional Court leaves “the validity and application of the contested provisions” in limbo from the day the government filed its challenge, September 28th. This suspension is mandatory if the executive requests it as part of a constitutional complaint. Apart from the application of this automatic suspension enshrined in the Constitution itself, the Guarantee Authority explains in its decision that the contested regulations “could violate the powers of the State in the public maritime and land areas (Article 132.2 of the Constitution) and the legislative fundamental in view on coastal environmental protection (Article 149.1.23ª).
What influences the most is what happens next. So you don’t miss anything, subscribe.
Subscribe to
Subscribe to continue reading
Read without limits
_