Portal de Murcia
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Huermur has brought to the Ombudsman the two laws approved by the regional government in the middle of summer and by which the Land Law, the Environmental Law, or housing are modified, among others, and requests the High Commissioner of the Courts to file two unconstitutionality appeals.The conservation group highlights the palpable unconstitutionality of these regional regulations, which were drawn up and approved in record time, for contravening both the Spanish Constitution and the state legal system.Huermur has placed special emphasis on the worrying modification of the Land Law, which allows, with a simple responsible declaration, to be able to intervene on heritage protected elements and their areas, without the need for prior authorization from the competent authority on cultural heritage.The Association for the Conservation of the Huerta and the Heritage of Murcia (Huermur) has submitted to the Ombudsman a request for this body to appeal to the Constitutional Court the two "omnibus" laws approved by the regional government in midsummer, and by which are modified, among others, the Land Law, the Environmental Law, or the housing and ports legislation.
Specifically, various articles and sections of Law 5/2020, of August 3, on mitigating the socioeconomic impact of COVID-19 in the area of ??the environment, and of Law 2/2020, of July 27, on mitigating the impact socioeconomic of ports, housing and land.Huermur points out that these two petitions to the High Commissioner have been prepared thanks to the work and reports of a multidisciplinary group made up of half a dozen specialized technicians in areas of the environment, urban planning, infrastructure, cultural heritage, and the coastline; such as, for example, the professor of Administrative Law at the University of Murcia Santiago Álvarez Carreño, and María Ángeles Moreno Micol, an expert in urban planning and land use planning.
In these two requests, the Ombudsman is asked to study them and, if appropriate, file unconstitutional appeals before the Constitutional Court, given the serious signs of unconstitutionality of various articles of the aforementioned "omnibus" laws.For Huermur, the modification made to the Land Law in its article 264 is particularly worrying, and for which it is now allowed with a simple responsible declaration, to carry out intervention actions on buildings, properties and heritage protected or cataloged areas, without being done necessary the existence of reports and / or prior authorizations by the public administration and its services with competences in historical heritage (neither local, nor regional, nor state).A modification that according to Huermur, contravenes both Law 16/1985, of June 25, of the Spanish Historical Heritage, which requires the existence of these prior permits, as well as articles 9.3, 103.1 and 149.1 of the Spanish Constitution.
In this sense, a recent Opinion of the Council of State issued on the occasion of the modification of the Andalusian law of historical heritage has also been pronounced, which introduced changes very similar to those now included in the Murcian law.Another aspect of Huermur's request before the High Commissioner of the Cortes Generales, concerns the decision of the regional government to assign to the town councils the powers for the development of beach management plans, when this is a clear state competence of the Demarcation of Coasts.
On the other hand, Huermur also considers sections 9, 13, 20 and 22 of article 1 of Law 5/2020, of August 3, to mitigate the socioeconomic impact of COVID-19 in the environment area to be unconstitutional, because they violate flagrantly the State Environmental Assessment Law 21/2013.Huermur reminds the political leaders of the Government of the Region of Murcia that using the COVID pandemic as an excuse to lower the demands and controls of the legislation on the environment and historical heritage, is not acceptable, nor ethical.
In the same sense, the president of Huermur, Sergio Pacheco, has spoken, noting that: "Environmental and urban legislation cannot be subject to capricious modifications by the politicians of the day, and we regret that current leaders see environmental controls as burdensome, instead of as legal guarantees to ensure the protection of the environment.
And the same happens with historical heritage, since it is a limited and non-renewable resource, because once a monument is destroyed or degraded, we lose it forever.
"Huermur has decided to request protection from the Ombudsman to exercise the competences, contained in the Organic Law of the Ombudsman, the Spanish Constitution, and the Organic Law of the Constitutional Court, which legitimize him to be able to file before the Constitutional Court the appeals of unconstitutionality that it deems appropriate against legal provisions that contravene the higher legal order and the Constitution.
Source: HUERMUR
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