Proposed development at Parcent allegedly breaks EU law

SUCCESS
If the action is successful, the Spanish government could face huge fines and be forced to pressure Valencia into repealing the controversial laws. Ironically, the socialist government’s MEPs have supported Europe’s calls for the legislation to be scrapped – joining international and cross-party criticism of the unjust system. And more than 20,000 complaints have been lodged with the European Parliament’s petition’s committee and victims are fighting for justice through the European Court of Human Rights. First introduced in the 1990s, the laws allow developers to plunder property if they could convince local authorities to reclassify land as suitable for urbanisation and the development was in the public interest. However, under European Commission rules public work contracts worth more than 5.5 million euros should be put out to tender. The directives are a bid to prevent contracts simply being awarded to cronies of local decision makers. In the past, Valencia has argued the contracts are a private arrangement and therefore do not come under the commission’s jurisdiction – and further stated the laws passed by the autonomous region complied with European legislation.

HORSE
Charles Svoboda, the vice-president of the AUN, said if successful the court case could be a “Trojan Horse” and “it could be the beginning of the end of these laws.” He told Round Town News: “It is the first time this issue has got to the European Court of Justice. When push comes to shove, the European Commission has limited authority but the courts have extreme executive authority. “The courts can come down pretty hard on the country concerned but they cannot direct the payment of compensation to victims but only apply fines and instruct countries to bring laws into line with European directives.” He said the AUN had been constantly working with the European Parliament, its petitions committee, and the commission in its battle to end land grab – as well as taking a block action to the European Court of Human Rights in a bid to win compensation. “If this case is won – and the commission will not waste its time taking things forward unless it thinks it is winnable – this is big news,” Charles added. “It sounds tedious and technical but it is very important. It is a kind of Trojan Horse. It is very significant.”

THRESHOLD
He said the AUN deliberately chose the fair competition regulations – rather than, say, environmental issues – because there was a “definite threshold” regarding the rules. “It has been four years of fighting. We put in the complaint and supported it with some proof. We gave evidence of a breach of the law and they took it forward.” Michael Cashman, MEP and vice-chairman of the petitions committee, visited the Costa Blanca last year and took a leading role in May’s debate for a new report on land grab. The Labour representative for West midlands said afterwards that people from all across the EU, as well as Spanish citizens, were living in fear of losing their homes, security and future. “I will continue pushing and harassing on this matter until we have a resolution which addresses the needs of thousands of people who are trapped because of these property scandals,” he said. “I urge the government of Spain to consult with regional governments to bring an end to this sorry and shameful series of abuses.”