tag:blogger.com,1999:blog-88287654798964875652024-03-13T14:52:52.651+01:00English Speaking Group BlogPlataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.comBlogger19125tag:blogger.com,1999:blog-8828765479896487565.post-77789975123917503232011-06-07T20:30:00.001+02:002011-06-07T20:30:48.583+02:002011/06/14 SEMINAR EU property Rights and WrongsWhen Tuesday 14 May 2011<br />
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<br />
Where Brussels.<br />
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The European Parliament has encountered a growing number of problems from European citizens who have purchased property across member state borders.<br />
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The failure to protect property rights across the European Union has consequences for the internal market, legal affairs and the fundamental right to property.<br />
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Using the experiences of academics, practitioners and citizens affected by flaws in the protection of property rights, the seminar will address the current state of affairs, and look at some practical steps, which might form the basis for future European solutions.<br />
Anouncement in ALDE.EU<br />
European Property Rights and Wrongs; the role of the EU in protecting the right to property DRAFT<br />
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ALDE seminar hosted by Diana Wallis MEP Vice President of the European Parliament and Ramon Tremosa MEP<br />
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Speakers:<br />
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Introduction by Diana Wallis MEP ALDE:<br />
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Citizens of the EU have embraced the freedoms to move and settle and own property in other countries, enriching economies and cultures, has the EU supported this freedom with protection ? How can we work together to ensure citizens are informed and protected in purchasing property, embracing the opportunities of a true EU citizen and bringing closer ties between all EU nations ?<br />
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There are high profile cases which highlight some of the pitfalls that can be encountered when purchasing property cross-border, our intention is place these cases in the wider context of the aims of the EU market and economy and goals for legal and consumer regulation.<br />
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• We will hear from a citizens’ pressure group formed following issues with regional governments in Spain<br />
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• We will review the current mixture of codes and protections that already exist<br />
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• We will imagine what a true EU property law might look like<br />
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• We will consider the aspect of Human Rights legislation,<br />
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• We will hear from practitioners who have encountered conflicts of laws situations and reflected on cultural expectations of legal processes<br />
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• The European Land Registry project will give us hope for tangible gains in co-operation across jurisdictions presenting an update on their work and aims<br />
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Ramon Tremosa i Balcells MEP ALDE<br />
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Mr Tremosa will discuss his role as an MEP from a region which has been involved in some high profile property rights problems. He will outline some of the common problems, as well as his efforts to seek action in the European Parliament, on behalf of citizens and residents of his region.<br />
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Speaker from Action Group<br />
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Will outline the type of cases that can be listed according to type, permits and regional red-tape, retrospective legislation changes, inaccurate or negligent professional advice, misunderstanding of legal environment, lack of access to information etc – putting the problem in a human context and also looking at the interactions to date with EU institutions<br />
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Dr B Akkermans and Prof S Van Erp Maastricht University<br />
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Will review the landscape of EU law and how it impacts on a purchaser:<br />
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Consumer protection, timeshare, mortgages, estates and succession, Conflict of laws, relevant human rights angle, full review of current picture<br />
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Prof P Sparkes Southampton University<br />
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Will look towards a European Land Law, is it necessary, is it desirable, is it possible ? Where are we at now and how did we get here ?<br />
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Building on the best transactional models, how to lead this project to promote excellence in professional standards.<br />
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Andrew Walker QC Maitland Chambers<br />
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Will reflect on cases he has encountered where the cultural dimension has been as relevant as the purely legal. He will consider the need for procedural certainty and greater access to reliable information and how the EU may assist with this.<br />
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Alonso Landeta Secretary General ELRA<br />
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Will discuss the ELRA project, it’s ambition and impact and how this model could become a catalyst for change in transactions.<br />
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Practitioner tbc<br />
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Will speak from experience of cross-border issues and illustrate with examples some of the practical difficulties and how the EU could move to impact on these.<br />
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Diana Wallis MEP ALDE Vice President of the European Parliament<br />
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Closing remarksPlataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-60764342122290331322011-03-29T00:12:00.000+02:002011-03-29T00:12:54.000+02:00Conference in Valencia on the Abusive Aplication of the Spanish Coastal Law <strong> <span style="font-size: large;">Ley de Costas</span></strong> :- <span style="font-size: large;"> <strong><em>Expropriation without Compensation </em></strong></span><br />
<br />
<span style="font-size: large;">Where:- Valencia</span><br />
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<span style="font-size: large;">When:- Friday 15th April 2011</span><br />
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Come to Valencia to support the rejection of the retroactive and arbitary application of the Spanish Coastal Law. <br />
We demand respect for our legal property rights held before the introduction of the 1988<strong><span style="font-size: large;"> </span><span style="font-size: small;">Ley de Costas</span></strong><br />
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<span style="font-size: large;"><em>More details shortly </em></span>Plataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-16918485870547113892011-02-28T00:55:00.000+01:002011-02-28T00:55:34.028+01:00The beginning of the end of the Spanish Coastal Law<div class="separator" style="clear: both; text-align: center;"><a href="https://lh5.googleusercontent.com/-b6oH_n6xe8U/TWrkA1JP_QI/AAAAAAAAAdU/gunZjPIEAAE/s1600/2011+02+22+El+Pais_logo-v2.gif" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" l6="true" src="https://lh5.googleusercontent.com/-b6oH_n6xe8U/TWrkA1JP_QI/AAAAAAAAAdU/gunZjPIEAAE/s1600/2011+02+22+El+Pais_logo-v2.gif" /></a></div><span style="font-size: large;">The law that protects the coastline is threatened by five bills - Nearly 23 years after its adoption, the groups affected are claiming victory. </span><br />
<span style="font-size: large;"></span><br />
<span style="font-size: large;"><span style="font-size: x-small;">El Pais 22 Feb 2011 Rafael Mendes ( translation Google / Cliff Carter)</span></span><br />
The Coastal Law ( Ley de Costas) is injured, perhaps mortally wounded. It may fall this year or the next. Perhaps the parliamentary term will run out before the legal changes, that aim to undermine it, are set up.. But that's not the most relevant point. <br />
The wave of protest against the law, passed in July 1988, plus the pressure to maintain the occupation of the coast, is so great and comes from so many fronts, that it will fall sooner rather than later. That is at least the impression of environmentalists, the people adversely affected by the law, and most of the political parties. <br />
The collection of legislation in place to amend the Coastal Act is broad. Some initiatives do not have much depth, others are very specific, but together they reveal the pressures that the Coastal Law is under. <br />
In December 2008, the Ministry of the Environment used the Maritime Act (Navigacion Maritima) to try to allow any houses that were built legally on the beach, before the 1988 regulation, to be bought and sold. This reform is still “stuck” in the parliament. <br />
The Ombudsman criticized the opacity of the process, but the technique was repeated. In August came the Law of Ports (Puertos) , which eased the conditions for turning lighthouses into hotels and restaurants.<br />
There's more: the Socialist government ( PSOE) has used the Coastal Act as a bargaining chip with the Basque Nationalists (PNV) by using the Law of Sustainable Economy (Economia Sostenible) to support an amendment to reform the Hydrocarbons Law (Ley de Hidrocarburos) thereby elongating the concession to a refinery in the public domain. The goal is to allow the refinery Petronor, installed in the marshes of Muskiz (Vizcaya), whose concession expires in 2012, to remains in place after that date. Petronor´s president, the former leader of the PNV, Josu Jon Imaz, took months looking for ways to circumvent the Coastal Law<br />
In the working groups to draft a Law on the Sustainability of Cities (Sostenibilidad de las Ciudades) , under the Secretariat of State for Housing, they considered the possibility of relaxing the law in order to make the stock of housing on the coast more attractive to foreign buyers , according to sources close to the negotiations. However the law will not include any step in this direction, according to a spokesperson for Housing. <br />
Pedro Antonio Ríos the Director general of the Coast ,in the Ministry of the Environment, is not comfortable in justifying these changes: "Changing the Coastal Act through the Sustainable Economy Act does not seem rigorous , I think it would be better to say directly what you want to do with the law. " Rios, with lots of parliamentary experience, calls for a distinction between his work (in the coastal department) and the acceptance of reforms by the PSOE <br />
"The costal department has not made any amendments, it will have been the parliament. If it is done to get the budget approved it seems good to me. " <br />
Rios argues that we should not exaggerate the controversy: "94% of the implementation of the Coastal Act has been effectively done and now we must solve the remaining 6% as we will do according to the agreement. We do not alter the application of the law to such situations, we manage it strictly in terms of the territory. " <br />
Environmentalists complain that " some of those who defend the Coastal Act are driving amendments through the back door in order to exempt factories", as summarized by Pilar Marcos, in charge of Coasts at Greenpeace. <br />
The opposition goes further. PP (conservatives) and CiU (Catalan nationalist) talk openly of changing the standard. In the eight years of the PP government they applied the law without reforms. Both parties introduced bills in Congress in Autumn 2010 and lost by one vote in the Committee on the Environment. <br />
The PSOE rustled up enough deputies to knock the bills down. <br />
But the struggle did not end there. On 9 February 2011, the Senate approved two bills to consider amendments to the text. <br />
CiU proposed the exclusion from the law of something they called "navigable cities," referring to the Marina of Empuriabrava, on the coast of Girona, a development with private moorings next to the villas, and also to maintain some urban areas outside the scope of the law. <br />
The PP managed to get approval for another proposal to compensate the owners of factories built in the public domain before 1988. The PP, which for years has criticized the application of the law, has now moved on to challenge the law itself. According to the PP spokesman for the environment, Carlos Floriano, his proposal is "to open clear paths in order to solve problems that affect many Spanish citizens and thus to overcome the legal uncertainty." <br />
The two proposals must now go to Congress to be discussed , but there the CiU and the PP will find it more difficult than in the Senate to get a majority. It is possible that the initiatives will fizzle out without prospering.<br />
The spokesperson of the PP in the Senate, Leticia Diaz, said on the podium: "The wording of this law allows arbitrary application, it is fraught with indeterminate legal concepts." The law does not set a distance to define the public domain, but uses geographical concepts such as beaches, "the limit to where the waves reached in the worst known storm, the marshes, swamps and estuaries. " <br />
Houses legally constructed in these areas before 1988 receive a concession for 30 years, extendable to 60, as a unique case of expropriation that the Constitutional Court upheld in 1991. The initial period of concession that was seen as non extendable, begins to expire in 2018. Owners already feel the imminent risk that their property will belong to the state and that they may be demolished. <br />
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<strong>Jose Ortega</strong>, a lawyer and spokesman for the National Platform of People Affected by the Spanish Coastal Law PNALC , is convinced that there is no going back: "When we started in 2007, it seemed that this was a battle of señoritos (middle class dandies ?), but we have shown that it is not . We'll have to see how the law will be reformed , but it is only a matter of time.<br />
We do not want construction all along the coast, but that <strong>citizens individual rights</strong> are respected. "<br />
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Some of the autonomous Parliaments are waging their own war. Canaries and Galicia passed their laws against the state legislation. The ministry appealed to the Constitutional court on both occasions. The same announcement of appeal followed another Galician law, but finally the appeal was rejected after an agreement was reached with the regional government. <br />
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Why now? Why a law in force for more than 20 years suddenly gets such a direct attack? Ortega argues that until 2004 the law was applied with, what he defines as, “common sense”. He claims that it was the arrival of the PSOE government and of Cristina Narbona to the Ministry of the Environment, which changed everything, in applying the law with such force. <br />
The numbers show an increase. Between 1988 and 2003, they defined 4,659 kilometres of coastal public domain -the procedure to separates the public and private area of the coast is called “deslindar”,. Between 2004 and 2010, they defined 3,880 more kilometres, according to figures from the PSOE. They have now defined 95% of the coastline and the forecast of the Ministry of the Environment is to reach 100% by the end of the legislature. <br />
Rios criticizes the PP and the CiU " they are trying to cleverly alter the law." "The (CiU) want to create something amusing , “navigable cities”, so as to look good in Empuriabrava (Cataluña). And the PP wants to keep private areas in the public domain, a concept prohibited by the Constitution." <br />
The law is undoubtedly controversial. It is hard not to sympathize with those who have purchased a beach house without the notary nor the bank nor anyone else warning them that it could be in the public domain. After the Coastal department’s involvement they discover that they can not sell the property. Many of those affected are foreigners, mainly British and German, and their complaints have led the European Parliament, United Kingdom and Germany to criticized the coastal law. Sufferers claim that Spanish beaches are dotted with hotels, eg the Algarrobico whose exploitation has been stopped over the last five years by an appeal from environmentalists, while their chalets are expropriated. <br />
Rios admits that there are problems with the registration of houses on the beach that never should be able to get the papers: " Yes, there has been property registering on the coast, but not only the coast, also along the rivers. It is true that we have not had the instruments that we should have had. " The Government intends that the land registry should includes coastal public domain data, yet only four provinces have it, "something that a European can not understand. <br />
Pilar Marcos, of Greenpeace, downplays the controversy: "There is a lot of noise. They say that there are 1,500 or 2,000 people affected in Spain. Assuming that is so, that is very few people against the population of the country. Something that does not justify devaluing the law. " <br />
Rita Rodriguez, a lawyer for the NGO WWF, which has won significant litigations against the Coastal Department has a similar approach: "The law seeks to prevent acts of privatization of the sea shore by only allowing occupations that are temporary. Available free land is coveted But that does not mean that we should yield to pressure. People fight to defend their own property, but the vast majority do not comes to defend public property.<br />
" WWF won, in the Supreme Court, a lawsuit against the dumping of residuals by Fertiberia (Huelva and also in 2007 the same court overruled the decision of the Government to build a macro industrial estate on public domain in “Las Alertas” (Royal Port, Cadiz). The sentence has not stopped the socialist executive, it is now preparing a new report to resume work. <br />
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Proponents of the law see another cloud: the transfer of powers to the autonomous regions. Catalonia was given the power in its Statute and so was Andalucia. The notice of transfer of competencies to the Junta of Andalusia immediately buried the dispute over the demarcation of the Doñana National Park, which the Coastal Department, under Elena Espinosa, ran in the most protectionist way possible. <br />
Rios defends the transfer: "It is reasonable to expect that the co-decisions will function in all communities but in different ways." The general director defends a management approach based on reaching agreements with mayors and departmental directors and although it is contrary to a legal reform, at this point in time : "The law is not exhausted but has fulfilled a stage." <br />
In the Coast Department of Granada professor Miguel Angel Losada disagrees: "They do not want to face the problem, they prefer to dilute it by giving powers locally, where it is always harder to bring order to the coast. This is a law that should be managed nationally from a distance. all Spanish people will lose by not dealing head on with this complex situation. "Plataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-36467077755537806582011-02-16T17:51:00.001+01:002011-02-16T17:53:09.226+01:002011/02/16 Environment Ministry gives way to the Xunta over Coastal Law in Galicia<strong>Typically Spanish - Spain News : Northern Spain</strong><strong>By h.b. - Feb 16, 2011 - 4:32 PM</strong><strong>It follows a challenge to a regional law passed last year</strong><br />
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A long running dispute between the Ministry for the Environment and the Xunta de Galicia has reached an end with central government finally withdrawing an appeal it had launched against a regional law which they had claimed to be unconstitutional.<br />
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The regional law concerned was passed in the Galician Parliament in February last year, intended to legalise homes, of no more than two stories high, which had been built before the Ley de Costas in the town of Marín, Pontevedra, and elsewhere. However Elena Espinosa, previous Environment Minister considered that the law invaded what was central Government responsibility and made the challenge. The new Environment Minister, Rosa Aguilar, has however withdrawn the objection.<br />
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Greenpeace has criticised the new minister for being ‘even weaker than Espinosa’.<br />
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It follows a similar understanding between the Ministry and Andalucía, granting responsibility for the coast to the regional administration. That has been harshly criticised by Greenpeace who note that now the Junta has control over the country’s most important stretch of coastline, the Doñana nature park.<br />
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Director General of Costas, Pedro Antonio Rios, commented however that the granting of responsibilities to the regions cannot be universal but he has admitted that such matters were better managed locally. His words are a departure from previously centralised comments from his department.<br />
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Read more: http://www.typicallyspanish.com/news/publish/article_29238.shtml#ixzz1E8ogyK2sPlataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-85438694956019385032011-02-11T00:17:00.000+01:002011-02-11T00:17:43.560+01:00Spanish Senate votes to reform the Ley de Costas Coastal LawThe two proposed ammendments will now go back to Congress for debate and possible approval <br />
The Partido Popular and the Catalan Party CiU have managed to approve a reform of the Ley de Costas Coastal Law in the Senate.<br />
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The law has hardly been changed since its launch in 1988, but now the Senate has approved two amendments which will have to be debated in Congress. A previous attempt at reform failed by just a single vote, when debated in the Environment Commission.<br />
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Those demanding reform say they want to protect small individual property owners on the coast, while the ecologist groups are insisting that is a step against the protection of the coastline.<br />
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CiU say that they want to exclude from the law all the areas described as ‘navigable cities’ and consolidated individual urban areas along the Catalan coast at La Marina d’Empuriabrava, Canales y Urbanización de Santa Margarida and the Playa de S’Abanell.<br />
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The Partido Popular contend there has been an ‘irregular application’ of the coastal law which has left thousands of citizens without compensation.<br />
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The Government answers the criticism by saying the Constitutional Court has already backed the expropriation process used by the law and served on homes built legally on the beach before 1988, giving them a 30 year concession of use, extendable to 60 years.<br />
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The PP proposal would see such owners being allowed to keep their properties on the beach, and would entitle them to compensation should the state want to demolish their homes.<br />
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Greenpeace and the WWF have meanwhile voiced concern that the PP and CiU want to extend the privatisation of the coastline, defined in the Spanish Constitution as being ‘public domain’.<br />
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The European Parliament and both the British and German ambassadors have criticised the law as abusive.<br />
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Read more: http://www.typicallyspanish.com/news/publish/article_29151.shtml#ixzz1DbJYzs42<br />
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<a href="http://www.typicallyspanish.com/news/publish/article_29151.shtml#ixzz1DaRfA5">http://www.typicallyspanish.com/news/publish/article_29151.shtml#ixzz1DaRfA5</a>Plataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-29678926642065164522011-02-04T23:56:00.007+01:002011-02-05T00:32:20.498+01:002011/02/04 I have been asked by ITV in the UK to try and find some people affected by the LEY DE COSTAS.In particular, ITV are keen to speak to someone who has moved over to Spain and bought a property that they then found to be illegal or liable for demolition because it transgressed the LEY DE COSTAS.<br />
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Could anyone who would be prepared to speak to ITV please forward their details to englishspeakinggroup@afectadosleydecostas.comPlataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-14001659742472851202010-07-09T17:08:00.003+02:002010-07-09T17:18:42.275+02:00Spanish parliament to debate infamous Ley de Costas, or Coastal Law<a href="http://2.bp.blogspot.com/_Z6RXwVnKhrY/TDc8z_zVIrI/AAAAAAAAAbI/UBvavWkooFg/s1600/2010+07+09+costa_foto_greenpeace+SPANISH+PROPERTY+INSIGHT.jpg"><img id="BLOGGER_PHOTO_ID_5491925134599332530" style="FLOAT: right; MARGIN: 0px 0px 10px 10px; WIDTH: 200px; CURSOR: hand; HEIGHT: 134px" alt="" src="http://2.bp.blogspot.com/_Z6RXwVnKhrY/TDc8z_zVIrI/AAAAAAAAAbI/UBvavWkooFg/s200/2010+07+09+costa_foto_greenpeace+SPANISH+PROPERTY+INSIGHT.jpg" border="0" /></a> The Ley de Costas has failed to protect the coast
Posted on July 9, 2010 by <a title="Posts by Mark" href="http://www.spanishpropertyinsight.com/buff/author/mark/">Mark</a>
SPANISH PROPERTY INSIGHT
Spanish parliamentarians will debate the infamous Ley de Costas, the bane of many holiday-home owners, for the first time since it was introduced in 1988.
Finally, a political initiative from Spain’s regional political parties that makes some sense. The Coalición Canaria (CC) party from The Canaries has drummed up enough support from opposition parties such as CiU, a regional party from Catalonia, to debate new proposals to water down some aspects of the Ley de Costas.
When introduced in 1988, the Ley de Costas, or Coastal Law, nationalised the entire Spanish coastline at a stroke, expropriating hundreds of thousands of properties without compensation. (Read briefing on the <a href="http://www.spanishpropertyinsight.com/buff/spain/faq/ley-de-costas-coastal-law/">Ley de Costas – Spanish Coastal Law</a>)
The law was meant to protect the coast – Spain’s key tourism asset – from over-development, and make it accessible to all. But thanks to muddled thinking and terrible implementation, the law utterly failed to protect the environment whilst causing misery for tens of thousands of small property owners, many of them <a href="http://www.spanishpropertyinsight.com/buff/2009/03/23/22-spd-too-close-to-the-edge-ley-de-costas-or-spanish-coastal-law/">Britons like Heather and Jeremy Taylor</a>.
In response to the outcry from owners, Coalición Canaria propose reducing demolition threats hanging over many of the properties built on public land, even if built after the law was introduced in ’88. They also want to introduce subjective criteria such as architectural and historic values when evaluating property built on public land, whilst transferring more decision-making powers over demolitions to regional authorities. All of which would make demolitions far less likely.
The moderate Catalan nationalists CiU want to revise the boundary criteria in built up areas like the Santa Margarida urbanisation (Roses, Girona), and the Empuriabrava Marina. They also point out that many of the victims of the law are foreigners who were unaware of the risks when they bought homes on the coast in good faith, resulting in international condemnation for Spain.
The biggest opposition party, the PP, have not yet decided what they will do, but seem open to the debate. “People have come to regard as sacred this law that has failed to achieve its objectived, as in the 20 years since it was introduced the coast has suffered the greatest damage,” Carlos Floriano, the PP’s environmental spokesman, told the Spanish press. “It hasn’t managed to reconcile the environment and respect for private property. Many people’s rights are being violated by its procedures.”
The Greens are against any reform of the Ley de Costas, despite its utter failure to protect the environment. On this question they seem more concerned with ideology than actually protecting the environment.
For its part the Government, run by the PSOE socialists, opposes the proposals, though for the time being it has stopped implementing the law as rigorously as before.
When will this debate take place? I’ll let you know.
SPANISH PROPERTY INSIGHT
<a href="http://www.spanishpropertyinsight.com/buff/2010/07/09/spanish-parliament-to-debate-infamous-ley-de-costas-or-coastal-law/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+SpanishPropertyBuff+%28Spanish+Property+Buff%29">http://www.spanishpropertyinsight.com/buff/2010/07/09/spanish-parliament-to-debate-infamous-ley-de-costas-or-coastal-law/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+SpanishPropertyBuff+%28Spanish+Property+Buff%29</a>Plataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-22761508657901670192010-04-18T00:18:00.000+02:002010-04-18T00:19:23.159+02:00Meeting Committee on Petitions EP 26/27April DRAFT AGENDAThe Committee on Petitions of the European Parliament is going to meet on 26/27 April .
See Draft Agenda:- <a href="http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PETI-OJ-20100426-1+01+DOC+PDF+V0//EN&language=ES">http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PETI-OJ-20100426-1+01+DOC+PDF+V0//EN&language=ES</a>
On the 27th April at 10 h. there will be the Chairman's announcements concerning coordinators' decisions
In the minutes of the previous meeting (to be approved),
<a href="http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-439.974+02+DOC+PDF+V0//EN&language=ES">http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-439.974+02+DOC+PDF+V0//EN&language=ES</a>
it states:-
Decision:
Request President Buzek to write a letter to the Spanish Prime Minister, highlighting, inter alia, the arbitrary application of the law, the lack of legal certainty, unfair compensation.
Write a letter to Commissioner Viviane Reding asking for clarification on the aspects of petitions related to the Charter of Fundamental Rights and the ECHR. The coordinators will discuss other possible follow-up measures.Plataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-64320456788965419372010-04-15T23:53:00.002+02:002010-04-16T00:10:52.895+02:00Calamity in Roses<a href="http://2.bp.blogspot.com/_Z6RXwVnKhrY/S8eOy2N9-8I/AAAAAAAAAaQ/ulKIYnwyLj0/s1600/2010+04+15+ampuriabrava+HOFFMAN.jpg"><img id="BLOGGER_PHOTO_ID_5460490077408721858" style="FLOAT: right; MARGIN: 0px 0px 10px 10px; WIDTH: 200px; CURSOR: hand; HEIGHT: 119px" alt="" src="http://2.bp.blogspot.com/_Z6RXwVnKhrY/S8eOy2N9-8I/AAAAAAAAAaQ/ulKIYnwyLj0/s200/2010+04+15+ampuriabrava+HOFFMAN.jpg" border="0" /></a> From Peter Moore in Roses (via AUN) we have got the following report on his incredible situation:
<div>The past 6 months have turned a crisis into a calamity in the Catalonia port town of Roses. </div><div>In Santa Margarita, a small enclave at the city limits, the rule of law and common justice has been abandoned in favour of shameless piracy. </div><div><span style="color:#ff0000;">Firstly as I informed you some time ago we have been subject to the Spanish Ley de Costas</span> that is currently working its way across Spain expropriating land and property within 200m to 500m of the shoreline. However, in our case this law has been applied in a way that would leave a geographer shaking his head in disbelief. </div><div>However, <span style="color:#3333ff;">this is Spain, a member state of the European Union, where laws are created and then used to steal from rather than to protect the private citizen.</span></div><div>Living as I do at a distance of 1000M to 1500M from the shoreline (as the crow flies) <span style="color:#cc0000;">my property and many others like it have become subject to this costal law on the basis that the canals to which our properties adjoin contain seawater and as such have been declared as the sea.</span> There is no recognition of the fact that these canals were built on a lake and on a river bed. The previous demarcation clearly evidences the shoreline ending where the canals begin. There is no recognition from the Spanish authorities of legally binding deeds and contracts that declare private ownership of both land and berths. <span style="color:#ff0000;">That the private development predates the Ley de Costas and that the law is being applied retrospectively</span>. History is being rewritten and our property is being expropriated under Spanish Law. You would think it bad enough that the Spanish authorities were trying to grab property belonging to private citizens in such a parasitical way but that is just the start of it. The local and regional administration are challenging the Spanish authorities who are imposing the Ley de Costas on us, not to protect the property and rights of their citizens, but to further exploit them. <span style="color:#3333ff;">The regional authorities want to wrestle control of the area away from private ownership so that they can create a ‘sports marina’</span>. This will involve them taking away 6M of privately owned land to create a public walkway (often this land forms part of a private citizens house situated on the canals). A marina will be developed, and the canals which private citizens have maintained over the past 30-40 years will be also be developed.(?) Private Citizens who live on the canals will then be charged for the privilege of the expropriation. The cost for this work is estimated at 19 – 60 million Euros to be paid for by the owners of the properties who are losing not only their berths but their land and in some case their houses too. No compensation but expensive berth fees to be charged to anyone wishing to rent back what they previously owned. Only a small percentage of the effected residents received any official notification in their post boxes warning them of the possibility of expropriation of their property and even less have received notification that laws have now been passed approving of the expropriation. <span style="color:#3333ff;">We owners have been given one year to apply for a temporary concession to use what was formally ours</span> until such time that the development occurs. (Very few owners have been officially informed of this.) <span style="color:#cc0000;">We are no longer allowed to sell our properties</span> as the authorities will no longer register them. And don’t believe this has anything to do with protecting the environment. While our private land is subject to expropriation, on the other side of the river, the public land that forms part of a protected nature reserve is being industrialised to create a dry dock without any protection from flooding! The local authorities believe that can gain around a million Euros each year for fees for berths (currently/previously owned by us) you will understand that the environment is not real motivator. There are many interested parties lurking in the shadows, with some potential benefactors openly suggesting that deals have already been stuck. If the development goes ahead the environment damage to the area will be there for all to see. Catalan or Spanish abuse? Choose your poison. We Europeans who pay taxes in Spain, lubricate the Spanish economy are at the mercy of unjust and unworthy law makers and officials. We may not be being killed, but Spain is becoming the Balkans of Western Europe where Europeans are being cleansed of their land by Catalans and Spanish authorities alike. Here there are no NATO planes flying overhead or UN peacekeepers on the ground to defend us. <span style="color:#ff0000;">We need European wide action now from our MEPs as the only thing that will stop this corruption in Spain is to deprived her officials of European money.</span> Only when Spain shows she can act as a modern western democracy should she be allowed to share in European wide benefits. Happy for you to publicise this widely. </div>
<div>Read much more about those effected on the website <a href="http://www.euroclub24.com/">http://www.euroclub24.com/</a></div>
<div></div>
<div>Best wishes Peter</div>Plataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-7151986382083232632010-03-21T11:06:00.002+01:002010-03-21T11:13:44.553+01:00LIVE transmition from Petitions Committee of EP re Spanish Coastal LawTo follow the LIVE transmition from the Petitions Committee of the EP regarding the abusive application of the Spanish Coastal Law (LEY DE COSTAS) follow the Link :-
<a href="http://www.europarl.europa.eu/wps-europarl-internet/frd/live/live-video?eventId=20100322-1500-COMMITTEE-PETI&language=en">http://www.europarl.europa.eu/wps-europarl-internet/frd/live/live-video?eventId=20100322-1500-COMMITTEE-PETI&language=en</a>
The Spanish government will speak on the 22 of March (item $9 and the Petitioners on the 23 March. (item 17) See Agenda below.Plataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-1790756057888590962010-03-19T17:42:00.002+01:002010-03-19T17:55:37.671+01:00Meeting Committee on Petitions EP 22/23 March DRAFT AGENDAEUROPEAN PARLIAMENT
2009 - 2014
Committee on Petitions
PETI_OJ(2010)183_1
DRAFT AGENDA
Meeting
Monday 22 March 2010, 15.00 – 18.30
Tuesday 23 March 2010, 9.00 – 12.30
Brussels
Room PHS P4B001
1. Adoption of draft agenda (1) PE 439.859
FdR 808647
2. Chairman's announcements
3. Any other business
In the presence of the European Commission
A. Petitions for discussion in committee on the basis of the Commission's written reply
Environment
Statement by the Spanish authorities concerning the Ley de Costas petitions (see item 17)
Report on the Fact-finding visit to Huelva on petitions 631/2007, 1458/2007 and 1682/2007 (16-18.02.2010)
- consideration
DT– PE 439,341
FdR 806932
Child protection
Discrimination
Social Affairs
Economic and Monetary Affairs
Fundamental rights
Health
23 March 2010, 9.00 – 12.30
from 9 h. to 10 h. (in camera)
Coordinators' meeting
at 10 h.
Chairman's announcements concerning coordinators' decisions
Working document on Bio-diversity
(2009/2108(INI))
Rapporteur : BOSTINARU (S-D)
- consideration of a working document and possibly a draft opinion
DT– PE 438.284
FdR 806215
Environment
17
Spain - Ley de Costas
N° 174/2008</npet> by Mr. Jose Ortega (Spanish), on the alleged abusive application of the Spanish law of the coasts in relation to property rights
(in the presence of the petitioner)
and
N° 303/2008</npet> by Rosa Garcia Pose (Spanish), bearing 55 signatures, on the loss of the signatories' homes as a result of coastal zone protection measures in the province of La Coruña
and
N° 867/2008</npet> by Ms. Karin Koberling (German), on alleged abusive application of the law of the coast by the Spanish authorities
and
N° 1448/2008</npet> by Ursula Czelusta (German), on surveying activities on the Spanish coast and the possible compulsory purchase of her home in Spain
and
N° 1485/2008</npet> by Alan Hazelhurst (British), on illegal application of the Spanish Law of the Coast (Ley de Costas)
and
N° 1691/2008 by Oscar Maniaga Izquierdo (Spanish), on expropriation of his house in Alicante, Spain, under the Spanish Coastal Law
and
N° 103/2009</npet> by Margarita García Jaime (Spanish) concerning the ‘Ley de Costas’ (Coastal Law) in Spain
and
N° 119/2009</npet> by Jan Van Stuyvesant (Dutch), on behalf of the Vera Playa Property Owners Association, Almeria, Spain, on the situation arising from the 'Ley de Costas' (Coastal Law) in Spain
(possibly in the presence of the petitioner)
and
N° 274/2009</npet> by Tomás González Díaz (Spanish), on behalf of the Las Calas residents’ association, on the demolition under the ‘Ley de Costas’ (coastal law) of the village of Cho-Vito situated on the coast of Tenerife in Candelaria (Spain)
(possibly in the presence of the petitioner)
and
N° 278/2009</npet> by Gregorio Amo López (Spanish), on the Coastal Law in Asturias, Spain
and
N° 279/2009</npet> by Timoteo Giménez Domingo (Spanish), on the impact of the Coastal Law in Spain
(in the presence of the petitioner)
and
N° 296/2009</npet> by Ingeborg Hoffman (German), on behalf of the Empuriabrava Association of Property Owners (APE), on the loss or limitation of property rights following the application of the Spanish Coastal Law to the Costa Brava
(in the presence of the petitioner)
and
N° 298/2009</npet> by Wolfgang Ludwigs (German), on the Spanish Coastal Law
N° 1271/2008</npet> by Rudolf Schneiders (German) on possible enforcement of the ‘Ley de Costa’ in Spain
N° 1871/2008</npet> by the Celorio Residents' Association concerning urban development projects in Celorio, Asturias, Spain
N° <npet>389/2009</npet> by M. L. (German), concerning the loss of his property in Spain under the Spanish Coastal Law
(in the presence of the petitioner)
N° 606/2009</npet> by Paula Llaneza Alcada (Spanish), bearing 2 signatures, on the implications of the Spanish Coastal Law (‘Ley de Costas’) with regard to her properties
N° 611/2009</npet> by Maria Jesús de Motta Martínez (Spanish), on the implications of the ‘Ley de Costas’ coastal law with regard to his property
N° 618/2009</npet> by María Luisa Domínguez Ibáñez (Spanish), on the implications of the ‘Ley de Costas’ (Coastal Law) with regard to her property
N° 626/2009</npet> by Nordhild Köhler (German), concerning implementation of the Spanish Coastal Law (Ley de Costas) on Formentera
(in the presence of the petitioner)
N° 666/2009</npet> by Carmen Ramos Badia (Spanish), on the implications of the Spanish Coastal Law (‘Ley de Costas’) with regard to her property
N° 667/2009</npet> by Jon Iturribarria de Castro (Spanish), on the implications of the Spanish Coastal Law (‘Ley de Costas’) with regard to his property, a tide mill built in 1683
(in the presence of the petitioner)
N° 676/2009</npet> by Jorge Comin Giner (Spanish) on the implications of the Coastal Law ‘Ley de Costas’ for his home
N° 708/2009</npet> by Pedro López Rodríguez (Spanish) concerning the Coastal Law (Ley de Costas)
N° 881/2009</npet> by Pilar Embeita Olasagasti (Spanish), on behalf of Asociacion DARACA, on the retroactive, arbitrary and abusive implementation of the Coastal Law in the municipality of Pielagos
N° 1344/2009</npet> by José Manuel Dolón García (Spanish), on the impact of the Coastal Law regarding works being carried out on the Torrevieja promenade
N° 1346/2009</npet> by José María Martínez de Haro (Spanish), on boundary demarcation in Garrucha, Almería, under the Coastal Law
N° 1499/2009 </npet> by Mercedes Bronchal Pascual and Antonio Maestre Azcon (Spanish) concerning the effect on their homes of the 'coastal law'
N° 1573/2009</npet> by Aurelio Pretel Marín (Spanish), on the Coastal Law
N° 1691/2009</npet> by Dolores Monferrer Guardiola (Spanish), bearing 40 signatures, on the demolition of homes in the Puig district (Valencia) under the terms of the Coastal Law
18
N° 295/2005 by James Lunney (presumably Irish), on behalf of the Nevitt Lusk Action Group against a Superdump, on a proposed landfill facility(in the presence of the petitioner)
B. Petitions which it is proposed to close in the light of the Commission's written reply
19 to 94
95 Date and place of next meeting !!
26 April 2010, 15.00 – 18.30
27 April 2010, 9.00 – 12.30Plataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-34623719323333199382010-02-11T14:52:00.000+01:002010-02-11T16:33:29.245+01:00Marta Andreasen MEP visit to Spain to help ABUSES cases in AUKEN report.Marta Andreasen( UK MEP) is determined to help us on the Spanish “abuses” issue, she is planning to come to Spain to meet with some of those who have complained to her (and other MEPs) about problems they have been having here recently, principally with respect to their property ( whether they stem from land law, licence issues, Coastal law, etc.). Her visit would be in the near future.
Ms. Andreasen speaks English and Spanish. She will have very limited time and may get no furthur than Andalucia.
Time will be short but If you have serious suggestions for the visit or are prepared to assist in arranging for a meeting with her I encourage you to contact Richard King richard.king@europarl.europa.euPlataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-67630303633749495492010-02-11T14:48:00.000+01:002010-02-11T14:52:28.630+01:00Question to be asked in the European Parliament (possibly) on 24Feb.The European Parliament has called three times for the Spanish Government to come to the assistance of foreign property owners, most recently in an own-initiative report from the Petitions Committee adopted in March 2009 (P6_TA(2009)0192). ((AUKEN REPORT ))
It recalled that Parliament, as the budgetary authority, may decide to place funding set aside for cohesion policies in the reserve as a means of persuading a Member State to end serious breaches of the rules and principles which it is obliged to respect as a result of the application of EU law, until such time as the problem is resolved.
Parliament recalled also that the Commission is empowered to suspend structural funding to the Member State or region concerned, and to establish corrections in relation to projects in receipt of funding which are subsequently deemed not to have fully complied with the rules governing the application of the relevant acts. Problems of second-home-owners persist, partly because of divergent views on governance.
The European Parliament has called three times for the Spanish Government to come to the assistance of foreign property owners, most recently in an own-initiative report from the Petitions Committee adopted in March 2009 (P6_TA(2009)0192). ((AUKEN REPORT ))
It recalled that Parliament, as the budgetary authority, may decide to place funding set aside for cohesion policies in the reserve as a means of persuading a Member State to end serious breaches of the rules and principles which it is obliged to respect as a result of the application of EU law, until such time as the problem is resolved.
Parliament recalled also that the Commission is empowered to suspend structural funding to the Member State or region concerned, and to establish corrections in relation to projects in receipt of funding which are subsequently deemed not to have fully complied with the rules governing the application of the relevant acts. Problems of second-home-owners persist, partly because of divergent views on governance.
<strong>The Spanish Presidency has shown a readiness to listen to concerns on this matter coming from several political groups.</strong>
<strong></strong>
<strong><em> Does the Council agree that every effort should be made to see that this subject is resolved under this Presidency? What concrete initiatives will it pursue, and when?
</em></strong>
Marta Andreasen UK MEPPlataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-21517044761742984522010-02-11T14:44:00.000+01:002010-02-11T16:35:16.684+01:00Debate in EU on Spanish Coastal law and -Urbanistic- Abuses on the 24 FEB 2010Write to your MEP´s today and ask them to support a debate in the EU Parliament on Spanish Coastal law and the AUKEN report on the 24/25 FEB.
On monday 8 Feb, in the European Parliament, Marta Andreasen (MEP UK)tried to put a debate on the housing abuse in Spain onto Parliament’s agenda. The Spanish delegations in the EPP and the Socialist parties persuaded their groups to vote against so the result was 69 to 216 against her proposal. She has requested that the debate be re-tabled for the February 24th-25th part session, and the request already has the full support of the Greens. In order to balance the Spanish opposition it would be a good idea if you could write an e-mail to your MEP see:-
http://www.europarl.europa.eu/members/public/geoSearch.do;jsessionid=1AA782A3A2D2013FA4D0608D571A707F.node1?language=enPlataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-60752652554596877732010-01-29T20:31:00.000+01:002010-01-29T20:33:30.697+01:002010/01/27 Spanish coastal law Question in European ParliamentQuestions were asked in the European Parliament´s committee on the Environment re the Spanish Coastal Law LEY DE COSTAS.
Video of Intervention
<a href="http://www.blogger.com/2010/01/27%20Spanish%20coastal%20law%20Question%20in%20European%20Parliament">2010/01/27 Spanish coastal law Question in European Parliament</a>Plataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-22817820838766814692010-01-29T20:05:00.000+01:002010-01-29T20:30:56.248+01:00Debate in the European Parliament re the Spanish presidency:- question for Zapatero on Property rightsMarta Andreasen, on behalf of the EFD Group . – Mr President, thank you. Mr Zapatero, I have listened with attention to your proposals for the Spanish Presidency, and I can only wish you luck. I will now refer to a reality.
I represent the South East of England, and many of my constituents – together with other European citizens – have been suffering urbanisation abuses on the Mediterranean coast and in other parts of Spain for a long time now. Three reports have been adopted by this Parliament urging the Spanish authorities to take action but, other than the conviction of a few politicians and the passing of a new Land Law, no specific action has been taken to defend the people who are suffering prejudice.
The problems my constituents face range from the dramatic situation of Len and Helen Prior of Berkshire, who saw their house being demolished because the authorities said it was built in breach of coastal law, to cases like that of Doreen Snook, also from Berkshire, in Alicante, and Mr Lohmann in Lanzarote, who cannot actually live in the houses they have purchased because of the lack of proper infrastructure and services.
As a national of Spain, I am ashamed to see what is going on in my country. I have big concerns for the future of the Spanish tourism business now that the press is writing about the bad fortune of these people.
Señor Zapatero, me dirijo ahora a usted en su lengua materna, que es la mía.
Los afectados no son personas de gran fortuna, son simplemente personas que, con el fruto de su trabajo, compraron una casa en este país de clima benigno y buena gente para vivir una vez jubilados. Esta gente se ve injustamente abocada a pagar honorarios de abogados y otros expertos para defender el caso por vía judicial, todo ello sin grandes perspectivas de éxito.
The European Union has been convincing its population that it is there to maintain peace in Europe. Is this situation I describe going to bring peace to Europe?
You are telling us that you are going to get Europe out of the crisis. If you cannot solve the problem I am referring to, how much credibility can you have in solving Europe’s financial crisis? Mr Zapatero, we want a solution now. We want the people to be able to live in the houses they bought. If this is not possible, they need to be granted a fair compensation that allows them to buy a similar property.
This Parliament has only threatened to block payments of subsidies to Spain, but I can assure you that, if this situation is not resolved during the Spanish Presidency, I will do everything I can to turn this threat into action.
<a href="http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+CRE+20100120+ITEM-003+DOC+XML+V0//ES&language=ES&query=INTERV&detail=3-018">http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+CRE+20100120+ITEM-003+DOC+XML+V0//ES&language=ES&query=INTERV&detail=3-018</a>
<a href="http://www.youtube.com/watch?v=U-h5aHEVTTw"></a>Plataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-58227750632970643202010-01-03T18:37:00.000+01:002010-01-03T18:38:57.997+01:00Campaigning to safeguard our homesAbusos Urbanisticos Almanzora No
Campaigning to safeguard our homes
AUAN Press release – 1st January 2010
Contact <a href="mailto:info@almanzora-au.org">info@almanzora-au.org</a> or call 646506943
ENOUGH IS ENOUGH – THE VICTIMS TAKE TO THE STREETS
British ex-pats in the South of Spain are organising themselves to strongly oppose eight demolition orders recently issued to British residents in the town of Albox, Almeria.
We understand that none of the victims had been informed of the initial proceedings, and indeed the demolition notification has come as a big shock to them. We consider that they were deprived of a proper opportunity to defend the action, and that their human rights have been infringed. The Auan’s legal representatives, and the victim’s lawyers, are attempting to mount a legal challenge to the imminent demolitions, together with the support of the Mayor of Albox, who described the demolition orders as an ‘atrocity’.
Candlelight Vigil 9th January
The first of two planned actions will be the holding of a candlelight vigil on the 9th of Janurary in the ruins of the home of Len and Helen Prior, pensioners whose house was illegally demolished in nearly Vera two years ago on that date. This couple are still living in what was their former garage with no mains water, no electricity and absolutely no sign of any compensation for their loss. This event is the result of collaboration between two local groups (AUAN, AULAN) fighting urban corruption in the area and they will be joined by representatives from across Spain, including the newly formed National Federation of Organisations against urban abuse (FAUN).
Peaceful Protest March 11th January
The presentation, just before Christmas, of yet more demolition orders to unsuspecting homeowners in the area, again without any sign of compensation, has been the catalyst for the ex-pat community to take to the streets and make its voice heard. The AUAN (an organisation of homeowners in the area campaigning to obtain legal status for members’ property) is organising a march in Almeria town on the 11th of January to protest against this scandal and appeal to the authorities to respond to the just demands of those innocent people who invested in good faith and are now facing the possible loss of their home and life savings.
We are protesting against legal and planning uncertainty, against bad administration and corruption, against the failure to respect citizens’ human rights and against the failure of the administration to comply with European Parliament resolutions including the Auken report.
We cannot sit back and watch these demolitions and will do everything possible to avoid this injustice.
March Route
The starting point for the demonstration is the Puerta de Purchena at midday (12.00). The route is envisaged to follow the Ramble de Obispo Orbera to the Rambla de Almería (Avenida de Federico García Lorca). There will be a pause for speeches in the area of the Obelisk in calle Regina Regente and the marchers will return to Puerta de Purchena at apx 15.00.
We are not prepared to stand politely by as more unfortunate families are destroyed through no fault of their own. Recourse to further demolitions will only further damage Spain’s image abroad. The authorities must be made to realise that to continue with these actions is not acceptable, is contrary to the rights of its citizens, attracts damaging and hostile publicity and is tantamount to economic suicide in this region.
Support
We ask all citizens and groups who wish to raise their voice and make their presence felt to turn up and support us.
For further information contact <a href="mailto:info@almanzora-au.org">info@almanzora-au.org</a> or call 646506943.Plataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-34949391627241874992009-10-31T23:17:00.001+01:002009-10-31T23:18:51.271+01:00Non Vote in Strasbourg on withholding subvention funds to Spain: 22/10/09There was a good deal of interest attracted to what should have been avote, on October 22 on a Greens amendment to the EU Budget that, had it succeeded would have moved some 185 million euros into a "reserve" unlessand until Spain and in particular, Valencia had brought its land laws and practices into accord with EU norms as regards, for example the environment, public contracts , etc. That amount was calculated to be the portion ofthe subventions for Spain that would be allocated , by Madrid , to Valencia.Such an amendment had been defeated in the budget committee a few days earlier, but was reintroduced at the level of the plenary. There is no doubt a fuller explanation available, but on Oct 22, PresidentBuzek of the Parliament ruled the amendment to be not eligible to be votedupon. He apparently did this on the basis of advice from his professional staff on procedural grounds that could equally be argued differently. Whether they had in turn been subject to lobbying by, for example SpanishMEPs is not clear. The Greens ( and others) are actively exploring ways by which this issue can be brought to a vote again before the next budget cyclein a year's time. The implementation of the Lisbon Treaty if it is indeed tobe ratified soon , may provide an occasion to try once more, since there are budgetary implicatations that will need to be considered by the Parliament .AUN had, before Oct 22, approached several of our supportive MEPs acrossnational and party lines to press for a yes vote. We believed, on the basis of feedback, that there would have been a good chance of a positive vote onthe amendment, but that must remain speculation for now. Our arguments in support of the concept of this proposal were based on the fact that this amendment would be a confirmation, in practical terms, of the Auken report adopted with a solid majority in Strasbourg on March 26th of this year. It would also have been a way of aquainting newly elected MEPswith the core issues of that report. Another contention is that while this money would be withheld for some time, not withdrawn, Spain itself should not be receiving such funds based on the strength, until recently, of its economy. According to reports at the time it was agreed that Spain would continue to receive stability pact subventions until then, this was only because Spain threatened to block EU expansion. How can Spain in the meantime boast that it is economically better off than Italy, which receives no such subventions and at the same time demand entry into the G20 forexample and still contend that it should receive EU hand outs at least until2013? CVS of AUNPlataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com0tag:blogger.com,1999:blog-8828765479896487565.post-81535093706324746722009-07-14T14:52:00.000+02:002009-07-14T16:24:17.866+02:00Historical entries from NOV 2008 to May 200920 May 09 The PNALC presented a proposal to change the Spanish Coastal Law (ley de costas) in a press conference in Madrid.The proposed changes relate to the definition of the sea shore (ZMT) and beach area (playa), new conditions for the transmition of coastal demarcation lines (deslindes), with a ban on retroactive application to legal property built before 1988 and including a requirement to pay monetary indemnity for any expropriation. Furthur changes include clarifying the 20meter protection zone conditions, and making the authorities responsable for correcting coastal errosion in relation to public works such as breakwaters and ports.
VIDEO in English of Presentation <a href="http://www.youtube.com/watch?v=pbjR9crNQ8s">http://www.youtube.com/watch?v=pbjR9crNQ8s</a>
30 April 09 The power of the Committee on Petitions of the European Parliament (EP) is being threatened by restriction in the Corbett report approved recently by the Committee on Institutional Affairs. This would undermine their chance of reflecting citizens' concerns fully in plenary and may have serious effects on our present petition, which was included in the AUKEN report approved by the EP. It would make it practically impossible for the Petitions Committee to produce a similar report in the future. Please write to your local MEP and ask them to back an ammendment to the CORBETT report as proposed by the Petitions Committee.
Dear Sir or Madam: As a citizen of the European Union, I am disappointed and seriously concerned over the change to rule 192 included in the Corbett report(amendment 179) adopted by the Committee on Constitutional Affairs in Strasbourg. This will mean a very serious diminution of the power of decision of the Committee on Petitions of the European Parliament. Practice has shown the extraordinary value of the Petitions Committee to take and resolve complaints directly from citizens. This new measure will in practice prevent any initiative that does not originate in the party political machinery and will call into question the effectiveness of the democratic values of the society in which we live. Please, make all the efforts that are possible, to prevent the final adoption of this particular amendment by Corbett and, by considering an alternate amendment, allow the Committee on Petitions to continue serving the citizens with the same freedom with which it has done so far.
List of MEP in the UK <a href="http://www.europarl.europa.eu/members/public/geoSearch/zoneList.do?country=GB&language=EN">http://www.europarl.europa.eu/members/public/geoSearch/zoneList.do?country=GB&language=EN</a>List of MEP from Spain <a href="http://www.europarl.europa.eu/members/public/geoSearch/search.do?country=ES&language=EN">http://www.europarl.europa.eu/members/public/geoSearch/search.do?country=ES&language=EN</a>
30 MAR 09 Please Sign our Petition .Following the criticism by the European Union of the abusive arbitrary and retroactive application of the Spanish Coastal Law (Ley De Costas) we are now collecting signatures to appeal to the Spanish authorities to change the law as required by the EU.Please print out the petition form ,along with the extract of the report from the EU, and ask people to support us. Everyone needs to include their European identity details (passport or identity card number). To obtain a copy of the form and extract from the EU please send an email to :- <a href="mailto:englishspeakinggroup@afectadosleydecostas.com">englishspeakinggroup@afectadosleydecostas.com</a>
Once complete, please return to:- PNALC (English speaking group) Plaza Mariano Benlliure 21, 1ºEl Puig,46540 Valencia.SPAIN
26 MAR 09 THE EUROPEAN PARLIAMENT APPROVED THE AUKEN REPORT re abuses by the Spanish State of property rights and the destruction of the environment. AUKEN REPORT <a href="http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2009-0192+0+DOC+XML+V0//EN">http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2009-0192+0+DOC+XML+V0//EN</a> The Auken report also attacks the (Ley de Costas), Coastal Law, which it says has to be urgently revised to protect the rights of the legitimate owners of property and those who own small plots of land on the coast which have no negative impact on the coastal environment. The report threatens sanctions.
12 FEB 09The Committee on Petitions of the European Parliament has modified the AUKEN report to include criticism of the 1988 Spanish coastal law (ley de costas) . The report was approved and calls on the government of Spain to revise the coastal law in order to protect legally aquired property rights. The European Parliament itself will vote on the report on the 26 March. Please write to your MEP, tell him/her about your problem and ask him/her to support the Auken report on 26 March.
a)The MEP from your area in the UK <a href="http://www.europarl.europa.eu/members/public/geoSearch/zoneList.do?country=GB&language=EN">http://www.europarl.europa.eu/members/public/geoSearch/zoneList.do?country=GB&language=EN</a>
b) An MEP from Spain <a href="http://www.europarl.europa.eu/members/public/geoSearch/search.do?country=ES&language=EN">http://www.europarl.europa.eu/members/public/geoSearch/search.do?country=ES&language=EN</a>
Give details of your circumstance and mention The pressure group PNALC (plataforma afectados ley de costas). For additional information send an e-mail to <a href="mailto:englishspeakinggroup@afectadosleydecostas.com">englishspeakinggroup@afectadosleydecostas.com</a>
For more information on the legal side see web site :-<a href="http://www.costasmaritimas.com/">http://www.costasmaritimas.com/</a>
FEB 09A change in law has been initiated that may allow the sale and purchase of the concession which is granted as compensation in kind, for loss of property ownership when land is included in the public domain. The maximum life of the concession will remain as 30+30 years.
JAN 09 the petitions committee met on the 20th of January but there was no report from the "commission" on their initial thoughts about the abusive application of the Spanish Coastal Law. They discussed Margrete Aukens report on the effects of massive urbanisation and the lack of respect of property rights, in the urbanistic and coastal laws, in Spain. The draft report goes as far as suggesting witholding European funds from Spain untill the issue is addressed. There will be another meeting in February to agree the final wording of the report.
NOV 08 The petitions committee prepared a critical report on the lack of respect for PROPERTY RIGHTS in Spain. People affected by the coastal law were asked to write to :-Margrete Auken (Danish MEP) <a href="mailto:margrete.auken@europarl.europa.eu">margrete.auken@europarl.europa.eu</a>telling her about their particular problem.
23 JULY 08 The petitions committee of the European Parliament has accepted petition number 0174-08 regarding the abusive application of the Spanish coastal law (ley de costas 1988) sent in by the lawyer Jose Ortega on behalf of PNALC a group of 20000 people affected by the coastal law. The Chairman of the petitions Committee, Marcin Libicki, reported that the content of the complaint does relate to the activities of the European Union and that the European Parliament has asked the Commission to execute a preliminary investigation.
The decision of the Committee on Petitions comes at a symbolic moment, since the 28th of July is the twentieth anniversary of the 1988 coastal law.Plataforma National de Afectados por la Ley de Costashttp://www.blogger.com/profile/17285894688583766550noreply@blogger.com1