Frances Leate
A BRITISH family whose home is at risk of being demolished is taking the Junta to court.
The claimants, who wish to remain anonymous, are taking their case to the European Court of Human Rights in Strasbourg claiming the Junta de Andalucía do not respect their human right to property.
Maura Hillen, president of property owners association, AUAN, said: “We believe that this claim is the first of many such claims against Spain for not respecting the fundamental right to private property.
“This couple’s case is particularly acute.
“Their house has planning permission granted by the town hall but the regional government challenged it on the basis that the house risked creating an urban nucleus.”
The family is claiming that the Spanish system has failed them and that the Spanish state does not sufficiently respect the right to property established in the European Convention of Human Rights.
Be interesting to see how far this gets. Ironic in a way, as Spain itself enshrines the “right to property” in its very own constitution lol.
Spain is about to be hauled up before the European Courts for it’s failure to comply with EU rulings on property tax, about time Spain was suspended from receiving EU aid or suspended from the EU altogether till it gets it’s house in order on all sorts of issues.
It sounds to me like there is no consistency. Obviously the mayor of the area decides what to do with his constituency, but there seems to be little in the way of consistency from the top down. If you look at the States for example, like Spain, each seperate state has it’s own set of by-laws, however, regardless, there is consistency from the top down as to what can and cannot be done, and guidelines sent from the White House to ensure that you don’t end up with a rogue state or county. Obviously, it doesn’t always work, but you name me one shred of legislation from anywhere in the world that all the people are 100% happy with and is 100% effective.
The planning laws have been formulated in Spain and the Regional planning laws too. The Mayors followed their own ‘broad’ interpretation of the law(s) and filled the town-hall coffers with the fees that they took for ‘illegal’ building licences etc. Whether it was ‘Administrative crime’ or ‘Criminal behaviour’ (the latter is what they were convicted of), either way they have left a sea of victims behind to be dealt with by the Junta and by the justice system. The victims are to be unjustifiably punished in a time-scale where painfully, a time limit doesn’t exist.
While all the construction and building work was going on, what is most apparent; is that the Junta de Andalucia had only been noticed, by THEIR ABSENCE.
If we are to be evicted from our so-called ‘illegal’ homes, in order that they can be demolished, it may be reasonable to say that because of the scale of the problem, that the ‘victims’ would in fact need the help of the UN.
How LOW is Spain going to go with this saga?
all the property development seem to be fine while the junta coined in the revenue,
most victims are northern europeans,and that is because they dont understand the opportunist attitude of the southern europeans , just look at the euoro crisis , where are the problems !
And in the meantime the government (and opposition) still waste time scratching their collective heads wondering why the construction sector swirls around in an abyss of it’s own making when it is they that, through their clueless approach to corrective measures, stamp upon any green shoot that dares to emerge from the mire.
Like in the case of the unfortunate Priors, procrastination and prevarication will inevitably rule the day.