Updated: Tuesday, May 11, 2021 10:44 AM
Published on: 05/11/2021 10:43 AM
Madrid Central, the low-emission zone Manuela Carmena launched during his tenure as Madrid mayor, has been suspended after the Supreme Court dismissed the appeal by the environmentalists in action for treatment.
The High Court thus confirms the judgment of the TSJM, which rejected the municipal ordinance for not having duly respected the procedures necessary for its preparation.
“ The case law on the incorporation of the economic report into the procedure for drawing up all regulatory standards is constant, to the point that its omission in the process of drawing up and approving it has been considered a decisive defect of the nullity of the general or regulatory provision ”, specifies the order by which the appeal is dismissed and to which laSexta had access.
The TSJM canceled in July last year, at the request of the Community, the ordinance on sustainable mobility due to technical flaws linked to the omission of the public information process, a requirement considered essential, obligatory and indispensable since it is one of the main manifestations of the right of Spaniards to participate in public affairs, and which is recognized in article 23 of the Magna Carta. Thus, articles 21 to 25 of the aforementioned ordinance have been annulled.
Regarding the appeal of the Popular Group to the Madrid City Council, the Chamber also partially upheld its request and annulled Article 23 of the same Plenary resolution, knowing that the essential financial report prior to the approval of the prescription was lacking.
According to figures provided at the time by the mayor, José Luis Martínez-Almeida, the collection of fines amounted to 36 million euros, a figure that the town hall would now have to restore, since the fines imposed would have no impact. regulatory support.
The mayor, one of the most ardent opponents and plaintiffs at the time, rejected city council to appeal the sentence, which environmentalists in action did.