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Eudel on the Tapia Law: "IDPs are imposed on municipalities with little participation"

  • In March 2022, Eudel approved a report analysing the Tapia Law and the category of Projects of High Public Interest. He makes very harsh criticisms of the department of Arantxa Tapia, questioning the democratic and legal legitimacy of the IPGP. Here are the most significant fragments:
Apirilean 40 urte bete zituen Eudelek, eta urteurren ospakizunena Gorka Urtaran presidenteak hitza hartu zuen. Argazkia: Eudel.eus
Apirilean 40 urte bete zituen Eudelek, eta urteurren ospakizunena Gorka Urtaran presidenteak hitza hartu zuen. Argazkia: Eudel.eus

PGP in general

“They are imposed on municipalities without participation. The municipalities will only be aware of the initiative and will have no impact on the selection, elaboration, configuration and implementation of the projects thus declared”.

“The importance of these projects requires, at least and certainly, an important and appropriate space for explaining the causes. Without this, the law [Spain] can break the canon of proportionality and reasonableness required by the Constitutional Court itself.”

Dissemination of GPIs to private initiative and non-environmental projects

“It extends to private promotion and ‘other projects’ (...) moving away from purely environmental objectives and creating undetermined, unjustifiable or very difficult concepts”.

“[Private promotion] heightens doubts about the justification and legitimacy of the PGP, from the point of view of the public interest and the constitutional doctrine in this regard.”

“The dissemination of ‘Other Projects’ gives us disagreement and concern (...) that such a figure should be used exceptionally (...) projects and initiatives cannot be considered implicitly of greater public interest only because of their acceptance by the government”.

 

* This article is part of a report of three other articles.

- Tapia Law: Government more power, municipalities less.

- Concern about popular movements: "In Bergara they could apply the Tapia Law to impose the incinerator."

- Analysis: Tapia Lege: Tool to enable/disable conflicts? ".


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