
Today, March 2, 2022, the spokesperson and councilor of the Socialist Municipal Group in the Los Silos City Council, Inmaculada León, presented a Replenishment resource before the General Directorate of the Coast and the Sea (Subdirectorate of the DPMT) with the intention of granting the municipality of Los Silos the administrative concession of legalization requested for the Los Silos pools.
To this end, it takes advantage of the possibility that exists in the regulations of optionally filing an Appeal for Reconsideration within a month as the interested party in the file, which is not a Public Administration.
Based on a series of Foundations and Legal Considerations to try to refute the criteria used by the General Directorate of the Coast and the Sea for the interpretation of the precepts such as article 32 of Law 22/1988 of July 28 of Coasts, in which the Los Silos Pools file is considered as if it were a new occupation request for the installation of a new infrastructure and not an existing and recently reformed installation, by agreement between both administrations.
In said appeal, the socialists from Silense wield the decontextualization of the foundations of the interpretation and application of the contested resolution, completely oblivious to the geographical, economic and sociological circumstances on which the reality of the file in question is based.
The Silense spokeswoman has stated that the General Directorate of the Coast and the Sea, mechanically applies the provisions of the coastal legislation, departing from the criteria for interpreting the laws established by the entire Legal System in the Preliminary Title of the Civil Code, article 3, which requires the interpretation of the rules “in relation to the context”, which is another, from our point of view, that Los Silos presents the same circumstances as other Canarian municipalities; of abrupt coastline and lacking natural beaches, and that for this, these types of facilities have been enabled, with the corresponding concessions, for the enjoyment of the coastline by all citizens, enabling their participation in the tourist activity that is essential in the economy. of the Archipelago.
We have also underlined that the competence in the management of titles of occupancy and use of the maritime-terrestrial public domain, especially the granting of authorizations and concessions, respecting the general regime of the public domain, is a competence already attributed to the Canary Islands by LO 1/2018. of November 5 of Reform of the Statute of Autonomy of the Canary Islands and whose exercise only depends on the next agreement on the transfer of the corresponding services.
It has requested, according to the Silense spokesperson, for the sake of the principle of institutional loyalty (article 3.1.e of Law 40/2015 of October 25) and to avoid the contradictions evidenced in this procedure between the criteria of the central bodies and peripherals of the State and the current legal insecurity derived from these contradictions, that a Report be obtained from the Government of the Canary Islands, whose knowledge of the circumstances more than justify the granting of a new concession, which would lead to supporting the Request that is the object of this procedure.
Therefore, we have urged the Directorate of the Coast and the Sea, to consider the appeal presented and prior request for a Report to the Government of the Canary Islands,
Due to the foregoing, revoke the contested refusal granting the town of Los Silos a new administrative concession, over the areas of public domain on which the Los Silos Public Swimming Pools are located.
Inmaculada León, greatly regrets that the Government Group formed by CC-PP, has not had the contribution of the Municipal Socialist Group in the face of a problem that required putting aside the political strategy to focus on how truly important it is to work from unity to join forces in defending the interests of the Silenses.
It is shameful how people have tried to make the public believe that there is a POLITICAL problem when the real problem we are facing is simply LEGAL, since before the interpretation of both Law 22/1988 and Law 2/2013 made by the Directorate General of the Coast and the Sea leaves the casuistry of the Silense Pool out of the norm.
It has even gone so far as to lie stating that the reason for the denial of the administrative concession is due to the administrative error of not requesting an extension, when the very sentence of the resolution on page 15, argues verbatim : “Furthermore, it can be determined that article 2 of Law 2/2013, of May 29, deduces the possibility of extending the concessions that have been granted before the entry into force of the aforementioned Law, but does not establish the OBLIGATORY , especially when there are legal reasons, previously determined, that determine the DENIAL OF A PRESUMED REQUEST FOR AN EXTENSION”
It is sad that, faced with a problem of this magnitude, people are thinking more about doing politics than working to find solutions, which is what the Municipal Socialist Group, which it represents, has put all its effort into. immaculate lionas spokesperson, since the City Council gave us access to the file on February 23, 2022.