A truth foretold as early as 2009
This report, written in the spring of 2009, analyzes the situation in Planas in great detail and announces seven years in advance what the Judges of the High Court of Justice of Catalonia (TSJC) confirmed in their ruling of July 2016, by ordering the dissolution of the EUCC.
But what a waste of time and money…
The false argument of the Town Council
“The Town Council persists in the error of considering that it has no responsibility for the urbanization until the development project has been executed and accepted to its full satisfaction.”
This argument has no legal standing. It would only be acceptable in the case of a newly urbanized project on virgin land, which is not the case of Planas del Rey.
Planas del Rey: a consolidated urbanization
Planas del Rey is an old urbanization, admittedly incomplete, but legally urbanized. It is classified as consolidated urban land, which the Town Hall acknowledges with each building permit it issues.
A municipal obligation since 1993
Transitional provision no. 7 of Decree-Law 1/1990 of July 12 stated that Conservation Entities could not exist for more than 5 years.
Therefore, the ECU of Planas del Rey should have been dissolved in 1993, and since then, the only entity responsible for providing services has been the Town Hall of Pratdip.
An ECU maintained by the goodwill of the property owners
The continuation of the ECU after 1993 is only due to the goodwill of the property owners, who have not yet initiated legal proceedings to demand its dissolution.
If the Town Hall continues to avoid its responsibilities, the report’s author recommends that the ECU itself request its dissolution in court, thereby forcing the municipality to assume its obligations.
The judgment of January 25, 2008: a clear precedent
The TSJC, in a ruling dated January 25, 2008, clearly established that the Conservation Entity of the Urbanization of Planas del Rey has no authority to provide waste collection or water supply services.
Therefore, only the Town Hall can be held responsible for the failure to fulfill these obligations.
Three main reasons to act against the Town Hall
- The legal dissolution of the ECU should have taken place in 1993, and service management transferred to the Town Hall.
- The Basic Law on Local Government requires the Pratdip Town Hall to provide the minimum mandatory services (drinking water and waste collection) throughout its territory.
- The January 25, 2008 ruling confirms the illegality of these services being provided by the ECU, which exposes the situation to sanctions.
A legal risk for elected officials
In conclusion, the only individuals who could be held criminally and financially liable for the lack of services in Planas del Rey are:
- The Mayor of Pratdip
- The Town Council members who voted for or supported resolutions that contradict the law
Final recommendation
“Keep my recommendation in case you wish to provide these services, because their provision by the Conservation Entity is illegal according to the High Court of Justice of Catalonia.”
