MADRID, 6 Nov. (EUROPA PRESS) –
The Constitutional Court (TC) has accepted for processing the Government’s appeal against Law 4/2023, of July 6, on the integrated planning and management of the Galician coast, while partially suspending its application, as reported this Monday the guarantee court.
Law 4/2023 – approved last July with the votes in favor of the PP and the abstention of the BNG and PSdeG – contemplates the assumption by the Xunta of the powers in management of the maritime-terrestrial space.
The Galician Government defends that these powers are defined in the Statute of Autonomy but Moncloa believes that the law “invades state powers” in different areas, to the point of “unilaterally” incorporating the sea into the territory of the autonomous community.
Pedro Sánchez’s Executive also argues that the law “reduces the protection of land adjacent to the seashore”, alleging that “the autonomous communities can go beyond the protection of the coastline, but never go less.”
Moncloa also alleges that the challenged provisions could violate the powers of the State over the common administrative procedure, the basic legislation on administrative contracts and concessions, maritime fishing, merchant marine and jurisdiction over the environment.
The Constitutional Court will now study the merits of the matter and, in the meantime, has suspended the validity and application of the challenged provisions, from the date of filing of the appeal (October 11, 2023) for the parties and from the day on which the suspension is published. in BOE for third parties.
This has been agreed by the Plenary Session because the Government invoked in its appeal article 161.2 of the Constitution, which provides that challenges by the central Executive against provisions and resolutions adopted by the autonomous communities can be suspended, if requested.
It is worth remembering that last week, the TC already accepted for processing the Executive’s challenge against another Galician law (7/2022) that grants the Xunta powers in the management of the coasts, agreeing at the same time to suspend the challenged articles. .
