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IU denounces the passivity of the Mayor of Lorca to clarify the prescription calculations of earthquake aid (09/05/2018)

The councilor of this training, Gloria Martin, ensures that the CARM uses "legal arguments" to make a "negligent" interpretation of the law, without any legal basis and for the sole purpose of "bleeding" those affected seven years after the earthquakes

The councilor of Izquierda Unida-Verdes, Gloria Martin, has asked the Mayor of Lorca, Fulgencio Gil (PP), "to deign at once" to ask the Legal Council of the Region of Murcia for an optional opinion that clarifies what is computation to be applied to calculate the prescription of the right of the Autonomous Community to demand the return of aid for earthquakes.

Martín made this request in writing on January 18, without the mayor having given him a paper, despite the fact that what is at stake is the tranquility of his own voters "who are the ones who pay his salary," he said.

The mayor explained that, in response to the allegation raised by a neighbor who received advice in the office of the municipal group of IU-Greens, the CARM uses "argucias de leguleyo" to make a "negligent" interpretation of the law, without any legal basis and with the sole purpose of "bleeding" those affected.

Gloria Martín explained that, according to art.

39.2 a) of Law 38/2003, of November 17, General of Subsidies, the beginning of the statute of limitations (which is four years) is "the moment in which the deadline to present the justification expires".

That is, six months after the affected party has finished the work, which is just what art.

10.3 of Decree 68/2011: "the justification will be made within 6 months after the completion of the works".

However, the CARM dictates its particular criterion, which is no other than to apply, regardless of the casuistry of those affected, a fixed term of 18 months for the prescription period to begin, starting from the date of payment. of the help.

This is so because the CARM does not take into account that the legal term of execution of the repair works - which is 12 months - not always (in fact, almost never) was exhausted by those affected.

"They say: you had 12 months to repair and another six to justify, without taking into account the actual date of the end of the work and skipping the decree," explained Martín.

In this way, the terms are increased to the detriment of the victims.

However, in the opinion of IU and all legal advisors with whom this training has consulted, for the computation of the prescription have to take into consideration the deadlines for the justification established in the bases, which are six months from the completion of the works.

"The dies a quo for the computation of the limitation period begins, then, after six months from the date of completion of the subsidized works, data that can be documented by means of the invoices," said the mayor, who also based her argument based on judicial sentences.

Martín, who recalled that this Friday marks seven years since the earthquakes, accused the regional government of having paralyzed for years the administrative procedure of justification of the aid "for pure electoral interest."

"They did not want to ask for a refund in 2015 because there were municipal elections, nor in 2016 because there were Generals, so they gave rise to waiting for 2017 when there were no electoral appeals," he said.

"For years, CARM has not controlled money that is public, and now it must assume that its rights may have been prescribed for the benefit of those affected."

In this regard, the IU councilor said that he has received calls from officials of the Ministry of Development that confirm that extreme and that, in addition, complain about the treatment they receive from the secretary general, Yolanda Muñoz.

"They tell us that the mess that this woman has mounted is monumental, that does not meet any technical criteria and that their guidelines are solely due to a partisan interest," he lamented.

Therefore, he again asked Gil to "take the trouble" to do something for the thousands of Lorca suffering from this distressing situation and send a simple request to the Legal Council of the Region of Murcia so that sheds light on the issue .

Source: IU-verdes Lorca

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