The Civil Chamber of the Superior Court of Justice of Valencia has decided that it is not competent to decide on the precautionary measures requested by the Liberum association in order to guarantee that the Public Administration assists the population affected by the effects of DANA and has elevated the matter to the Supreme Court so that it is there where what to do with the claim is decided.
Liberum took civil action so that Justice could force the State, through the Government Delegation in the Valencian Community, to respond to the emergency due to the floods that have already claimed more than 200 lives in the region when, after four days, aid was still not reaching the bulk of the affected population. Specifically, they demanded the adoption of a very precautionary measure that would guarantee basic services to citizens in the face of the climate emergency and a resolution that would put black on white “inaction” of the central Executive in front of it.
The Chamber asked the Prosecutor’s Office, which in a report to which ABC had access, took a position against the TSJ assuming jurisdiction because although the lawsuit points to the Government Delegation, it is the General Administration of the State that is affected and therefore, It is a case that the Supreme Court must analyze. And the majority of the magistrates agree with him, with a resolution that raises the matter to the Contentious Chamber of that body and that has a dissenting vote that partially disagrees with what was agreed.
Specifically, the magistrates reason that “the fact that the appellant Association sues the Government Delegation in the Valencian Community on behalf of the central Government has no relevance for the purposes of determining judicial jurisdiction” since the jurisdiction of the courts ” is linked directly to the activity carried out” by the different bodies and in this case, The alleged “inaction” would be that of the Government and not of its delegation.
Regarding the substance of the petition, they point out that “despite the limited ‘special urgency’ that exists in this case, given the situation of natural disaster produced in the towns peripheral to the city of Valencia”, the key lies in whether the TSJ He may or may not know about the matter and does not find jurisprudence with the same casuistry that is applicable to answer yes. He therefore decides to send it to the Supreme Court so that the Contentious-Administrative Chamber can rule on the matter.
The procedure
It is recorded, however, with a partially dissenting vote. Judge Miguel A. Narváez Bermejo shares with the majority that the TSJ is not competent to analyze this claim through the fundamental rightsbut not because of a territorial issue, but because it considers that the claim does not meet the requirements established by the procedure, since there has been no prior request to the Administration, nor have three months passed without it responding to its obligation as of the same.
«Lacking the requirement addressed to the Administration to act and pay the required attention, the Administration is not given the opportunity to proceed accordingly, and this is loss of opportunity for the Administration to provide the benefit or intended action, which prevents inactivity from being seen, which would open the doors or access to jurisdictional avenues,” he reasons.
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