The Constitutional admits for processing the appeal of the central government against the reform of the law for the protection of the salty lagoon
The Constitutional Court (TC) has admitted for processing the appeal presented by the Government of Pedro Sánchez against the reform made by the Regional Executive of the Mar Menor law, since Moncloa understood that it reduces the intended protection. It is, specifically, the appeal against the sole article of the Decree Law of the Government Council of the Region of Murcia 5/2021, of August 27, by which Law 3/2020, of July 27, was modified for the recovery and protection of the Mar Menor.
The Government challenged the decree law considering that “conditions the restitution of illegal irrigation farms to their natural state to the existence of a prior administrative action by the Segura Hydrographic Confederation of prohibition and sanction.” Thus, he pointed out that the regional regulations “not only hinder the restitution of illegal land by requiring specific action by the State”, but also “abandon its responsibilities and powers in the agricultural and environmental fields, since it unjustifiably desists from acting ex officio in many other cases of illegality in which the farms are located on forest land, rainfed or protected, among other reasons.
For the central Executive, the design carried out by the Murcian regulations “difficults, reduces and dilates” the regional processes of restitution of the land to its natural state and, consequently, “does not act with sufficient diligence against illegal exploitation”, with the consequent negative impact on the Mar Menor.
However, the Council of Ministers explained in its references on May 24 that it was appealing to “secure and shield” the protection of the Mar Menor, leaving in the hands of the TC the assessment of the unconstitutionality of the Murcian law and the terms in which they must interpret the issues that are the subject of the discrepancy.
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