On April 12, 1988, the Municipal Council of Pratdip approved in plenary session the escritura de constitución (deed of constitution) of the Entidad Urbanística Colaboradora (EUCC) of the urbanization Planes del Rei. This deed had been signed on July 28, 1987 before the notary Inmaculada Nieto Aldea.
Nature of the document
- Type: Certificate issued by the Secretary of the Municipality of Pratdip (Gloria Sabaté Sabaté).
- Date: April 13, 1988 (the certificate attests to an agreement adopted the previous day, April 12, 1988).
- Issuer: Ajuntament de Pratdip (Tarragona).
- Purpose: Approval by the Municipal Council of Pratdip of the escritura de constitución of the Entidad Urbanística Colaboradora (EUCC) of the urbanization Planes del Rei.
Content of the municipal agreement
The Municipal Council of Pratdip approved on July 28, 1987 the notarial deed (signed before the notary Inmaculada Nieto Aldea) which officially constituted the EUCC of Planes del Rei.
This approval was accompanied by an express condition: within a maximum period of two years, the EUCC had to carry out the mandatory transfers required by the Land Law (that is, the free transfer to the Municipality of the land designated for roads, green areas, public facilities, etc.).
The certificate is signed and validated with the Mayor’s approval.
Legal scope
Official creation of the EUCC
The EUCC of Planes del Rei was thus recognized and validated by the Municipality in 1988. It became the entity responsible for the management and maintenance of the urbanization, under municipal control.
Obligation of transfers
The Municipality clearly stated that the legal obligations of transfer had to be fulfilled within two years.
This confirms that the creation of the EUCC was only accepted as a transitional measure, pending the legal regularization of the urbanization.
These transfers were an essential condition for the integration of the urbanization into the municipal public domain.
Shared responsibilities
- The EUCC had to act to carry out the transfers.
- The Municipality, by imposing this condition, recognized its competence and its role as the final recipient of these assets and infrastructures.
Observations and contradictions
This document shows that as early as 1988, the Municipality of Pratdip accepted the creation of an EUCC, but strictly conditioned it on the obligation to transfer the land and infrastructures.
However, these transfers were never carried out within the allotted time (nor afterwards). This contributed to the prolonged illegality of the urbanization.
The Municipality, by not enforcing compliance with this condition, bore part of the responsibility for the subsequent stalemate.
This contradicts the current argument of the Municipality (Carrillo, Rovira), which claims it never had competence to intervene in Planas del Rey: as early as 1988, it recognized itself as the recipient of the public assets under the Land Law.
In summary
This document marks a major turning point. It establishes that the Municipality of Pratdip validated the creation of the EUCC of Planes del Rei in 1988, but only on the condition that the urbanization carried out within two years the mandatory transfers required by the Land Law. The failure to comply with this obligation is at the heart of the legal conflict that continues to this day.
