Portal de Lorca
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After the refusal of the Popular Party in Congress to include Puntas de Calnegre directly within the "pardons" of the Coastal Law, the PSOE proposes that the City of Lorca or the CARM initiate administrative proceedings to achieve exclusion and paralyze the letters that initiate the concession process.
The spokesman of the PSOE, Diego José Mateos, has said that his party is not going to settle for the situation of Puntas de Calnegre, so they will continue to seek solutions that remedy the situation of "uncertainty and concern" in which homes are submerged of the town.
Mateos reiterates that they will continue asking for the inclusion of Puntas de Calnegre in the list of excluded towns, in the same way that the other 12 coastal cores included in the Coastal Law of 2013 were excluded. For this, the PSOE will once again present the Proposition no of Law that was rejected by the Popular Parliamentary Group in Congress with the abstention of IU-United We Can.
Along with the above, from the PSOE will propose a new alternative and complementary way.
Analyzing the basis of the Constitutional Court in its judgment 57/2016 of March 17 before the appeal raised by the Canary Islands government against the Coastal Law, it is observed that the High Court establishes that the list of 12 excluded nuclei is constitutional only if This list is not exclusive, but on the contrary, that any other nucleus or town that meets the same requirements as the 12 excluded, as happens with Puntas de Calnegre, should be treated the same and therefore exclude it from the maritime terrestrial public domain and therefore "pardon".
As Diego José Mateos has shown, the sentence says:
With this interpretation, the contested provision does not imply any discrimination between coastal cores.
Both the twelve enunciated in the seventh additional provision of Act 2/2013 and any others omitted therein, located in the Autonomous Community of the Canary Islands or not, may, through the administrative files legally provided and that have been briefly remembered in the interpretation According to the recourse that we have just extracted, we obtain the declaration that, due to the alterations suffered in their natural characteristics, they are no longer necessary for the protection or use of the public domain and, consequently, the correlative disaffection.
Therefore, warns Mateos, it is "crystal clear" that for the exclusion of the 12 villages or nuclei expressly provided for by the Coastal Law, "the exclusion, prior expedient expedient, of all those towns or nuclei that comply with same requirements as those already pardoned. "
Therefore, remember, they will request a copy of the 12 files to verify the requirements.
From the PSOE demand, therefore, "equal treatment" and "compliance with the judgments of the Constitutional Court."
Thus, they request that, at the request of the City Council or the CARM, "file for the exclusion of the maritime terrestrial public domain" and its "subsequent re-affectation" from the town of Puntas de Calnegre be started and that this situation be brought to an end.
In addition, Mateos has shown that letters are coming to the owners to proceed to process the administrative concession of their homes, which is an acknowledgment by the owners that their homes are in public domain, the opposite of what that is intended with the desafectación or "pardon".
Therefore, they also request that the sending and processing of these letters be stopped immediately, "which are nothing more than trying to consolidate the current situation".
Source: PSOE Lorca
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