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The councilor of this training, Gloria Martin, warns that Development has been transferred to the Tax Agency of payment orders by executive, failing to meet the deadline of one month that was available to resolve requests for suspension of those affected.

With this, the Administration is violating articles 9, 24.1 and 106.1 of the Constitution, contravening legal security, the right to effective judicial protection and the prohibition of defenselessness, as well as the submission of administrative activity to the control of legality

The councilor of Izquierda Unida-Verdes in Lorca, Gloria Martin, has denounced that the measures of urgency for which the Tax Agency of the Region of Murcia is demanding from those affected by the Lorca earthquakes the return of aid granted for the repair of their homes, do not comply with the law, so they claim that they are "suspended" and the amounts paid by those affected are returned.

Martín regretted that the Administration is acting "like a steamroller" against those affected to those who are claiming the collection of these amounts through executive without having resolved the discretionary recourse or requests for suspension of the orders to return aid and the payment of late interest to the State.

"The Administration does not give respite or respite and continues executing resolutions without previously deciding on the provisional or precautionary measures requested by the neighbors, which is contrary to the Law," he warned.

The mayor of IU-Greens explained that those affected have the right to, within one month, the Ministry of Public Works resolve on requests for suspension of payment, as long as the appeals filed are not resolved, since otherwise cause "damage impossible or difficult to repair" for the victims of this procedure.

Something that Fomento has not done and, with this, is "violating articles 9, 24.1 and 106.1 of the Constitution, contravening legal security, the right to effective judicial protection and the prohibition of defenselessness, as well as the submission of the activity administrative control of legality ".

Martín recalled that Article 117.3 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, establishes that "the execution of the impugned act shall be deemed suspended if one month has elapsed since the request for suspension had entry in the electronic record of the Administration or Body competent to decide on it, the body that is responsible for resolving the appeal has not issued and notified an express resolution in this regard, "which is exactly what is happening.

That is, in the opinion of IU, the orders of constraint of the Tax Agency are "null and void" as long as they have been issued "totally and absolutely disregarding the legally established procedure" (Article 47.1 e, LPACAP).

"While an application for suspension of a settlement that has been appealed is still pending, it is not appropriate to issue an enforcement order for the enforcement of the debt," said Martín, who assured that there is an important jurisprudential doctrine that supports said positioning and which is applicable in this case.

Gloria Martin demands, therefore, that this "odious administrative practice" be brought to an end, that the money paid be reimbursed to those affected and that Fomento does not transfer any file to the Treasury until it resolves previously the appeals and suspension requests presented by the affected.

In this regard, he warned that those affected who have submitted replenishment resources advised by the platform "have requested to avail themselves of the mechanisms for justifying the aids established by Law 8/2018, and that Article 2 of said regulation provides that they can avail themselves of she, all "the files that are in process and have not prescribed." Therefore, he insisted that the CARM respect the rule of law, and apply this law "without further delay."

Finally, Martin has encouraged Lorca who are in this situation (who have received financial constraints without having resolved the suspension requests sent to Fomento), to go to the citizen's office of the Municipal Group of IU ( third floor of the City Council) to request the cancellation of these notifications.

Source: IU-verdes Lorca