An external legal report commissioned by Adeje questions the brake on Cuna del Alma

“The resolution implies the review by the Autonomous Administration of a firm declarative act of rights -the approval of the urbanization project and, before, the review of the PGO-, without following the procedure, nor the legally established deadlines and without legitimacy to do so”, it concludes. With the revocation of such municipal decisions, the Ecological Transition “incurs incompetence and violates local autonomy”, is stated in one of the legal reports available to the Consistory. It determines that the approval of the environmental evaluation by the regional Administration, “the same one of which the General Directorate for the Fight against Climate Change, reaffirms the nullity of that unilateral decision, as long as it goes against the acts themselves.

In this way it is argued, according to the legal text, the extemporaneity of the decisions of the council, whose incompetence to act is determined in the Land Law. “The appearance of a plant species not considered in the environmental assessment does not determine the application of the Environmental Responsibility Law, but leads to the Environmental Assessment Law”, which “establishes the channel for the modification of the strategic environmental assessment or the environmental impact assessment, corresponding to the decision to carry out this modification to the environmental body, “he reflects.

In this point, the study defends that the Administration of the Autonomous Community is “incompetent” to act. «The competence to review the determinations of the environmental evaluation falls on the substantive body to promote it and on the environmental body to make the decision to modify or not. After the Land Law of 2017, both are municipal bodies. The fact that the promoter went to the Autonomous Community of the Canary Islands requesting authorization to transfer the specimens of the plant species does not alter that distribution of powers ».

power diversion

From the City Council they insist on their “maximum interest and respect” for safeguarding and protecting the natural environment of the area and share with the Ministry the need to preserve the species and heritage that require it. However, they “regret” what they interpret as “a clear administrative disloyalty and between institutions”, understanding that the Ministry and the counselor “have called into question, from the outset, the work of municipal technicians and the procedures of a rigorous file in which Adeje has been working for many years with due legal and legal advice.

The Adejero Consistory has legal arguments that raise the possibility that the council, in its actions and demonstrations since the work began, “had incurred in a serious misuse of power and government action”, when announcing decisions and actions “long before being ruled by any competent body or technician”. Something that, remember, is not unusual. In this context, they cite that the resolution of the council “has not followed the procedure, nor the legally established deadlines, and does not have jurisdiction or legitimacy to act in the way it does.”

In mid-afternoon yesterday, the unrest grew in the Adejero Town Hall: «We remain surprised by the insistence on pointing out possible compensation to be faced by this Administration. These statements are not understandable when the one who has made arbitrary decisions that are difficult to sustain and has paralyzed the works, legally initiated, is the council itself, something that will have to defend and explain where appropriate. From the City Council they point out that it is the Canary Islands Government that will have to answer for those decisions “that do not seem very adjusted to the law, although that will have to be said by the corresponding body.” From the City Council, those who doubt its behavior are reminded that the consistory “maintains a trajectory of actions in accordance with the law, for decades, which demonstrate this.”