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Professor Jesús Jordano analyzes in the UMU the limitations that affect the environmental legislation (08/02/2019)

The closing will take place this Saturday at 1:00 pm at the Auditorium of the Campus de la Merced and will be attended by the rector, José Luján, and Miguel Pasqual de Riquelme, president of the TSJ of the Region of Murcia

The XIV Congress of the Association of Teachers of Administrative Law (AEPDA) has opened this Friday with the participation of more than 250 lawyers and professors of Administrative Law.

The objective of this meeting of experts is to take stock of the application of the Contentious Administrative Jurisdiction Law, on its twentieth anniversary.

On the first day of the congress, Jesús Jordano, a professor at the University of Seville, highlighted the limitations that specifically affect judgments in environmental legislation.

"Spain is the country that pays more fines in environmental matters, but not the one that most fails", has valued Jordano.

In any case, and regarding the guarantee offered by the contentious jurisdiction, "we must think about the deadlines because a contentious court can take five years to resolve and then request that the procedure be rolled back, and this is a situation that occurs but what has to be solved. "

Jordano recalled that in Spain there are numerous examples of sentences in which environmental associations have been attributed the right to restore the disturbed legal order.

"In terms of the Environment, we were traditionally open but the Aarhus Convention has been incorporated on access to information and public participation in decision-making and access to justice, with more limitations than the Spanish legislation that is assuming for us a step back ", recognizes Fernando López Ramón, professor of Administrative Law of the University of Zaragoza and president of the AEPDA.

In relation to the procedure that regulates the Contentious Administrative Jurisdiction Law, Lucía Casado, a professor at the Rovira i Virgili University, has pointed out that, at present, to appeal a case on appeal against a court, there must be circumstances of the amount of the matter for 30,000 euros.

"Married explains that it is excessive to limit this amount taking into account references such as the average salary in Spain," says López Ramón.

More than 250 experts in contentious jurisdiction, gathered in Murcia

At the opening of the congress, the dean of the Faculty of Law of the UMU, David Lorenzo, pointed out that Administrative Law advances thanks to initiatives such as this congress, organized by the Association of Administrative Law Teachers.

For his part, the delegate of the Government of the Region of Murcia, Diego Conesa, has assessed as appropriate this moment "to assess the problems and reflect on possible reform proposals," and added that "in our Rule of Law all public powers are subject to control. "

The congress will end this Saturday with a table that will compare the contentious jurisdictions of Spain with those of Latin America.

Venezuelan jurist Allan R. Brewer Carías and the president of the Contentious Administrative Chamber of the Supreme Court, Luis María Díez Picazo, will participate in this panel.

Twenty years of protection for citizens

The Contentious Administrative Jurisdiction Law was reformed twenty years ago with the objective of protecting citizens from irregular action by public administrations.

The areas in which it applies are taxes and fees, data protection, the violation of fundamental rights, urban planning or immigration, among others.

This norm was able to reduce the terms of judicial resolution and, therefore, the time that the citizens wait for a response when they denounce an action of the administration.

However, contentious justice remains one of the slowest.

Every year, around 196,000 citizens and organizations file a lawsuit against some public administration and 129,743 sentences are issued, according to data from 2017 and 2018 of the General Council of the Judiciary.

In any case, this area is not as litigious as criminal, civil or social justice, which totaled 5.6 million cases entered in 2017.

More than 570 magistrates in all Spain resolve in courts and tribunals those matters in which the citizenry demands judicial protection against the action of the administration.

Source: Agencias

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