He Tribunal Supremo (TS) has rejected the appeals presented by both the regional government and the commercial companies “Marina Isla Valdecañas” and “Golf Valdecañas” against the demolition of the urbanization built in the municipalities of El Gordo and Berrocalejo (Cáceres) on an island of 134 .5 hectares of surface.
Through an order, the First Section of the Contentious-Administrative Chamber of the TS states that it does not admit the resources since both, among other issues, fail to comply with the requirements established in the Law of the Contentious-Administrative Jurisdiction (LJCA), specifically the lack of sufficient foundation and the concurrence of assumptions provided for in this same law.
The allegations of the appellants, explains the Supreme Court, insist on defending the material impossibility of execution of the sentences when “our sentence” -the one issued in February 2022- includes that “it is not possible to appreciate the material impossibility of execution of the corresponding sentences, regarding of everything that has already been built, due to the affectation of interests of a socioeconomic or other nature”.
However, there is a second path open in the Constitutional Court (TC), which has already agreed to admit three amparo appeals filed in relation to the Supreme Court ruling ordering the demolition.
extreme government
The President of Extremadura Guillermo Fernández Varahas been “absolutely convinced” that the Isla de Valdecañas urbanization will not be demolished, despite the fact that the Supreme Court has rejected the appeals filed against the court ruling ordering the demolition.
“The demolition would entail unacceptable environmental consequences”, added Fernández Vara when asked about this issue during his visit to Azuaga (Badajoz).
The head of the Extremadura Executive has asserted that “the situation of Valdecañas is regularized” through the law that was approved in the Assembly of Extremadura. “There is an impossibility of demolition, because there is a law that has regularized this situation”, he reiterated.
environmentalists
The Asociation Ecologists in Action has expressed its satisfaction with the decision of the Supreme Court (TS). “It is a judicial setback” for the Government of Extremadura and for the promoting companies, sources from this environmental entity have stated.
“The consequence of the inadmissibility of the appeals of the Junta de Extremadura and the promoters should be the start of the demolition work”, they have affirmed.
In this sense, Ecologists in Action has recalled that more than fifteen years ago an administrative and judicial process began against this urbanization, which was “designed in the middle of the Natura 2000 Network area, a theoretically protected and undevelopable space.”
political reactions
The candidate of United by ExtremaduraIrene de Miguel, has asked the regional Executive to stop spending public money on “defending the indefensible” after hearing the decision of the Supreme Court.
This decision represents a new “judicial setback” for the Socialists and the Government of Extremadura, De Miguel said this Thursday during a visit to a cheese factory in Zafra as part of his campaign agenda.
According to the UPE candidate, the Executive of Guillermo Fernández Vara “is absolutely determined to collect the largest number of sentences that prove that Valdecañas is illegal.” EFE