The plenary session of the Consell has approved this Friday to form a working group to draft the preliminary draft of a Valencian law on Coasts and the reform of the Pativel (Territorial Action Plan for the Coastal Green Infrastructure) validated just a month ago by the Supreme Court and approved in 2018 to revert as rustic what was declared as developable, thus protecting thousands of hectares and saving at least the first 500 meters of land from the shore from brick. The Generalitat intends to assume powers that the central government now exercises through Costas but that, in the opinion of the Executive led by Carlos Mazón, could be transferred under the Statute.
The Minister of the Environment, Salomé Pradas, explained that the law “aspires” to regulate uses and activities of the coast and to make compatible “the economic and social development and the protection of the coast.” Although she has repeatedly expressed the capacity of the Generalitat to assume these powers, her own words have raised doubts about the invasion of powers that the autonomous government may incur. “We will defend ourselves,” Pradas said when asked if the initiative and future law is not directed to the bilateral Government-autonomies commission to determine jurisdiction. The counselor has assured that she has rulings from the Constitutional Court and cases from other communities to which powers have already been transferred. The Balearic and Canary archipelagos and Andalusia and Catalonia are the autonomies that already have them. In the first two cases it arose from an agreement between the central and regional governments, which is not the way in which the Consell de Mazón works. In the case of Catalonia, the law was appealed to the Constitutional Court, which endorsed it, in the ruling mentioned by Pradas, due to the reference that its Statute makes to the management of the coast, much more explicit than that included in the Valencian Statute. The same occurs in the case of Andalusia, whose statute has a wording practically identical to that of Catalan. However, the absence of the powers included in the Statute is what has led the Constitutional Court itself to suspend the Galician law, which sought to apply its own criteria and deadlines to act against illegal constructions on the coast.
According to sources from the Ministry of the Environment of the Generalitat Valenciana, the model for the preliminary project is that Galician law that aims to limit action against illegal constructions and, in fact, that has been one of the examples given by Salomé Pradas who mentioned the conflicts over the maritime towns of Denia, Nules and Cabanes, groups of houses built dozens of years ago on the same beach, a space that Costas considers within the maritime-terrestrial domain whose exclusive jurisdiction is the State.
In fact, this is one of the examples that Salomé Pradas has given and with which she has justified a new law that “defends” the owners of these homes against the “unfair and arbitrary excesses” of the Government, as she has said.
Sources from the ministry have also indicated that the powers they will request will be those related to “main land, to the sea”, so the regeneration of the beaches or the reconstruction of the promenades that are repeatedly affected by maritime storms should to be paid for by the Generalitat.
socialist response
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The announcement has already had a response from the PSPV. The socialist deputy spokesperson in Les Corts and responsible for the Territory area, María José Salvador, has accused the PP of using “Valencian institutions as a battering ram against the Government of Spain” and has stressed that “this proposal invades the powers of the State and will end up suspended by the Constitutional Court as has happened in Galicia.” Furthermore, the socialist leader has urged the Consell to “explain in detail what its real objective is with this new legislation” and has regretted that “the right returns to its model of wild urbanism, from which it seems that they have not learned anything.” .
The deputy spokesperson for the PSPV-PSOE has stated that “the policies that Valencian socialists will always defend are going to be those that are committed to fighting climate change, preserving the territory and landscape enclaves” and has insisted that “they will find us always confront when they make politics an instrument of confrontation.”
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