The Contentious-Administrative Chamber of the Superior Court of Justice of Extremadura (TSJEx) has issued an order in which it declares that there is no obstacle to the execution of the tasks communicated by the Junta de Extremadura in the Work Plan presented, and authorizes the regional administration to initiate the necessary actions to start the execution of the orders issued by said Chamber in the execution incident of Marina Isla Valdecañas .
The order thus responds to the allegations presented by all the parties involved in the ordering procedure dated January 14, 2021 issued in the execution incident 17/2014 and 18/2014, which is appealed in cassation before the Supreme Court by Ecologists in Action.
In this way, the Contentious-Administrative Chamber, indicates that some of the pronouncements of the order “have the condition of final”, because, none of the parties disputes about them and they can be executed since the appeal will not affect these pronouncements.
In this sense, it deepens the justification in that “no damages are caused, irreversible situations are not created and in no way hinders what the Supreme Court could decide if it revokes the orders of the Supreme Court of Extremadura for the execution of tasks agreed by the Board”, as explained by the TSJEx.
Among the measures proposed by the Junta de Extremadura, the Chamber indicates that all those that deal with the demolition of everything that is in the structure phase or is not finished can be carried out , such as the second hotel, the houses that are They were going to build finished houses that serve as an office for the developer and the pilot flat. Revegetation work, environmental monitoring measures, the commissioning of treatment plants or signaling and information about the SPA, among others, can also begin .
On the other hand, the Chamber points out in the car, there are other measures that affect the golf course, lighting and noise, which if they understand that they could be affected by the sentence that the Supreme Court could dictate, as the improvements are not maintained proposed by the Board if finally everything urbanized disappears Finally, the Contentious-Administrative Chamber of the TSJEx insists that the execution of the aforementioned measures is approved given that “temporary adoption is clearly beneficial for the environment.” Against this order there is an appeal for reversal, according to the Superior Court of Justice of Extremadura.
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