Saturday, January 28

The Supreme Court refuses to annul the demolition of Valdecañas due to incompatibility of two judges


A visitor to the complex, in the social club building, photographing the artificial beach area with the reservoir in the background. / today

The High Court dismisses the appeal filed by the owners of chalets and by the Board, which will appeal to the Constitutional

Antonio J Armero

The Supreme Court has dismissed the appeals in which the Junta de Extremadura and the homeowners in Marina Isla Valdecañas requested the annulment of their sentence for the total demolition of the complex located in the northeast of the region, near Navalmoral de la Mata. That ruling from last February ordered the total demolition of the resort, instead of the partial demolition (what was left half-built, respecting what was built) that the Superior Court of Justice of Extremadura (TSJEx) had decreed two years earlier.

Among the arguments that included these incidents of nullity was the alleged incompatibility of Extremadura magistrate Wenceslao Olea Godoy and his partner in that instance Inés Huerta Garicano. About them it was alleged that the two had intervened before at other times of the procedure. But the Supreme Court has rejected this approach, as, on the other hand, several legal sources related to the case had already anticipated that it would happen.

In the case of Olea, it was argued that he had been part of the Contentious-Administrative Chamber of the TSJEx that in 2011 declared the Project of Regional Interest (PIR) that allowed the resort to be built illegal. And of Inés Huerta, her partiality was explained, the nullity incidents argued, because she was part of the room that in May of last year studied and decided to admit the appeal filed by Ecologists in Action against the ruling of the TSJEx that two years before had ordered the partial demolition.

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the other arguments

In addition to the partiality of the two magistrates, the regional government and the homeowners cited other reasons that, in their opinion, represented a violation of the right to effective judicial protection. Among them, the distortion of the cassation appeal – that is, that it is not resolved as such, but as if it were another type of appeal, in this specific case an appeal – arbitrariness and various types of procedural inconsistency. They are complex legal concepts that address both formal and substantive issues, and which, according to those who used them, should lead to the annulment of the ruling ordering the demolition of the entire complex.

After the decision of the Supreme Court to reject the nullity incidents, both the regional government and the owners of real estate in the complex open the way to appeal to the Constitutional Court. The two parties explained at the time that if the Supreme Court did not heed their proposals, as has happened, they would continue to appeal. After the Constitutional, they would have to go to the Court of Justice of the European Union.

“There is not the slightest doubt that Valdecañas is a ZEPA”, affirms Ecologistas en Acción

However, on the roof of the Supreme Court there is still a ball with the name of Marina Isla Valdecañas. It is the decision review appeal in which the developer requests that the ruling that in 2020 declared the El Gordo PGM (General Municipal Plan) illegal be annulled, understanding that it is based on the erroneous argument that the complex occupies protected land, because according to the company, Valdecañas was never declared a ZEPA. It was not, argues the promoter, because there is no resolution of the Governing Council or publication in the Official Gazette of Extremadura that so states. The Junta de Extremadura admits that in its files there is no express resolution declaring the ZEPA, although there are regulations from the years 2012, 2015 and 2016 that affect that natural space. For its part, Ecologistas en Acción maintains that “there is no doubt that Valdecañas is a ZEPA”, since it was declared in 2003, when it was enough for the autonomous community to fill out the Standard Data Form and send it to the European Commission , and that the Board did.

Topics

European Commission, Diputación de Cáceres, Junta de Extremadura, TSJEx, Constitutional Court (TC), Court of Justice of the European Union, Berrocalejo, Cáceres (Province), Cáceres, El Gordo, Valdecañas Reservoir, Valdecañas Island, Navalmoral de la Mata, Extremadura


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