Margrete Auken MEP Condemns LRAU

Last weekend, Albir became the focal point for all those affected by the invidious LRAU and Coastal Laws recently and illegally implemented by the Spanish regional and national Governments.  Author of the EU approved document condemning Spanish authorities, Margrete Auken said, “I see and hear a fighting spirit amongst you all here and have come to reinforce that feeling.”

Auken spoke for some considerable time, giving heart to embattled but determined residents and owners whose homes and investments are under threat.  Some 400 people attended in person but represent over 15,000 who have been affected by what has been described as “legalised robbery.”

On this occasion, the European Parliament re-iterated its position that:

"the obligation to cede legitimately acquired private property without due process and proper compensation, and the obligation to pay arbitrary costs for unrequested and often unnecessary infrastructure development,t constitutes a violation of an individual's fundamental rights under the ECHR and in the light of the case law of the European Court of Human Rights."

Margrete Auken said, “If one looks at the operative paragraphs of the resolution, it can therefore be said that:

• Parliament calls on the government of Spain and the regions concerned (basically this means all regions) to thoroughly review and revise all legislation affecting the rights of individual property owners as a result of massive urbanisation;
• Parliament calls on all competent regional authorities to suspend and review all new urbanisation plans which do not respect the strict criteria of environmental sustainability and social responsibility and which do not guarantee the respect for the rightful ownership of legitimately acquired property;
• Parliament calls for the halting of all existing developments where criteria laid down by EU law are not being applied or respected;

Parliament also referred to the problems with the application of the Coastal Law and supported the Spanish governments objectives to protect the coastal environment to promote bio-diversity and the regeneration of indigenous species of fauna and flora; yet it cannot support the retroactive aspects of this law (why was not anything done since 1988 when the law was originally approved) nor the disproportionate impact on individual citizens' legitimate property. We can certainly not support the speculators and promoters who have constructed massive tourist complexes with the complicity of local authorities in the face of the 1988 Coastal Law. They should have known better.

Concerning the budget:

As we have not seen any clear signs of a genuine will and effort to solve the problems pointed out in Parliament's Resolution, the Green/European Free Alliance Group has tabled an amendment to the draft budget for the Union. 

If adopted, the amendment would set 185 million euros in reserve to show Parliament's determination to those autonomous communities in Spain which persistently and seriously breach their obligations to respect the principles upon which the Union is founded, in particular systematic infringements of Community law in the context of urbanisation plans. 

That money would stay in the reserve until the European Parliament has received guarantees that no such plans will be approved and adopted, and repealed and replaced by plans which respect the fundamental right to private property as protected by the European Convention on Human Rights.

(The Budget Committee will vote on the amendments on 28th-30th September and Parliament's plenary vote on next year’s budget will be held in Strasbourg, 19th-22nd October). 

Improved water management is one of the priorities the Cohesion Funds, which could be used to upgrade and restore the existing infrastructure for water transmission. With reportedly some 40 % of the water in the region being "lost in transmission", such measures could do much to improve the availability of water for human consumption and agriculture - while at the same time providing jobs. 

However, if the regional government of, for instance, the autonomous community of Valencia persists in its policies and violations of the EU's basic principles and laws, why should the EU help with its funding for this?”

What more can be done?

By the Spanish authorities of course a great deal must be done and quickly, to respect the views of the European Parliament on this issue.
It is anticipated that the EU Parliament, through the Petitions Committee, will continue to speak out in support all those affected and ensure a proper follow-up to the resolution is given.