Post by nijhumnishita033 on Jan 11, 2024 0:53:59 GMT -6
The Supreme Court has upheld, by ruling of February 9, 2022, the appeal filed by Ecologistas en Acción-Coda, against the order of June 30, 2020, which definitively approved the Regional Interest Project promoted by Marina Isla de Valdecañas, SA and leaves said resolutions void as soon as they agree: "the conservation of the hotel, homes, golf course and facilities that are currently built and in operation", which must be demolished. The contested order declared, first of all, that the legal impossibility of executing the sentences does not exist , given that the administrative actions aimed at validating the nullity declared in 2011 were annulled after STC 134/2019 , which declared the unconstitutionality of the reform.
of article 11 of Law 15/2001, of December 14, on Land and Territorial Planning of Extremadura , carried out by Law 9/2011, of March 29 . Demonstration of Ecologists in Action in front of the Ministry of Phone Number Data the Environment (Photo: Google) The lands subject to the execution order are located within the so-called Natura 2000 Network , which constitutes a European ecological network of protected areas for the conservation of biodiversity, whose main objective is to guarantee, in the long term, the conservation of species and most threatened habitats in Europe, contributing to stopping the loss of biodiversity in the territory of the Member States of the European Union.
The proposal for its inclusion arises from the Member State, and in the case of Spain from the Autonomous Communities. On the contrary, the Extremadura court accepts the concurrence of the partial material impossibility of executing the sentences , maintaining the urbanization works, buildings and sports facilities executed under the Project of Regional Interest (PIR) promoted by Marina Isla de Valdecañas, SA , despite the existence of previous rulings that declared its nullity and ordered the restoration of the land to its previous situation, through the demolition of what was built. The question that had to be resolved by the Supreme Court was to determine whether it was possible to appreciate the material impossibility of executing a sentence - with respect to everything that has already been built - when, in another case, interests of a socioeconomic or other nature would be seriously affected.