The Constitutional Court Prosecutor's Office categorically opposes the arguments given by the Junta de Extremadura chaired by Guillermo Fernández Vara to try to prevent the demolition of the tourist complex on the Island of Vadecañas (Cáceres). In the allegations submitted to the guarantee court, which last November admitted the amparo appeals filed by the Extremaduran Board, the El Gordo and Berrocalejo town councils and the owners of the villas in the Isla de Valdecañas complex, the prosecutor The head of the TC, Pedro Crespo, requests that the request for amparo promoted by the regional government be dismissed as he does not appreciate any violation of fundamental rights.
The Supreme Court ordered in February 2022 to demolish a luxury resort that began to be built in 2007 on land that was part of a Special Protection Zone. The Contentious-Administrative Chamber upheld the appeal filed by the entity Ecologistas en Acción against the order issued by the Superior Court of Justice of Extremadura in execution of the sentences that declared Decree 55/2007 of the Extremadura Board null and void for the that the Project of Regional Interest promoted by Marina Isla de Valdecañas S.A. was definitively approved. The High Court considered that there was no material impossibility of demolition of the tourist complex.
«The appellant Administration does not agree with that consistent legal reasoning, based on respect for current legislation, nor with its consequences, because what was resolved by the married and annulled order was more convenient for its interests, but that does not mean that there is any injury to their fundamental right to effective judicial protection, ”says the Prosecutor's Office in its harsh report, to which EL MUNDO has had access.
In the same way, the prosecutor adds that it is "striking" that "a public administration of a rule of law classifies as a priori bordering on bias the statement that the laws must be complied with and the convenience of attending to other interests cannot oppose this." , in reference to the sentence of the TS that the Executive of the socialist Fernández Vara now asks to annul in the guarantee body.
In its judgment, the Contentious-Administrative Chamber responded to the question "whether it is possible to assess the material impossibility of executing a judgment -with respect to everything that has already been built- when, in another case, the interests of socioeconomic or other nature, provided that environmental integrity is duly guaranteed. The response of the TS, which supports the Constitutional Prosecutor's Office, is no. "And it is not because even when environmental integrity is guaranteed, the preference of those other interests would lead to the perpetuation of a result prohibited by European, state and regional law," adds Crespo.
The prosecutor of Sala recalls that "a land included in a specially protected area cannot be transformed into developable -and urbanized- land, without therefore being able to oppose that objective with the particular assessment of the lack of impact on the environment in the specific case, or the socioeconomic, demographic or other interests that are compromised”. Finally, the Prosecutor's Office does not appreciate that the right to an impartial judge has been violated due to the participation of magistrates Inés Huerta and Wenceslao Olea in the appeal judgment.
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