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The Petitions committee European answer to Spain by the Coastal Act.

Dear Madam Minister: I want to express on behalf Committee on Petitions of the European Parliament, my appreciation for the presence of the English authorities and especially Doña Paz Alicia Antolin speaking past 22 and March 23, 2010 at the meeting of this Committee and explained the position English authorities on the Coastal Act (Law 22/1988). I feel however, that the speaking time allotted, it was not long enough so he could replicar.Su intervention highlighted the importance of that law for the conservation of the English coast, yet also able to appreciate certain dysfunctions in the Law had already been identified by the report by Ms. Magretta Auken on the impact of extensive urbanization in Spain, individual rights of European citizens, the environment and the application of Community law (2008/2248 (INI ), adopted in plenary session in this House that decision 26/03/2009.En European Parliament, "recognized and supported the efforts of English authorities to protect the coastal environment and, where possible, restoration of a favorable environment, biodiversity and regeneration of native species of flora and fauna and in this specific context urged to urgently review and, where appropriate, amend the Coastal Act, to protect the legitimate rights of homeowners and those who own small plots on the coast that have no negative impact on the coastal environment, stressed that such protection should not be granted for speculative development projects that respected EU directives on the environment, proposed a review of the petitions received on this subject in the light of responses from the English authorities competentes.Durante the debate of the Committee on Petitions, petitioners highlighted various aspects of Coastal Act of 1988, which today I subrayar.El first aspect concerns the domain name of the shoreline, as the Coastal Act, has decided to extend what is public domain and has expanded the concept of so-called maritime public domain land, but does so in vague terms. The English authorities have issued instructions regarding the implementation of the Coastal Act of 1988 should define what is public and what is private domain parameters clear and concise. The lack of clarity of these instructions has resulted in the lines of demarcation are drawn for example in a zigzag. This leaves room for interpretations that may seem arbitrary in the boundaries. During their speeches the petitioners showed the different situations created by the Act which should provide a solution. The boundaries are constant complaints from citizens and the criteria necessary to make these boundaries should apply equally across the coast española.El second aspect is that the 1988 Coastal Act does not respect private property above situations to it, the land and buildings that were outside the public domain under the previous boundaries of the Coastal Act of 1988, become public domain, thanks to the definition of this Act enlarger instead of providing for the expropriation of those lands, The Act automatically become owners at dealerships for 30 years, extendable period of 30 years. We should not overlook situations existing ownership or occupation for years and years. Specific operations may be expropriated, but it would require a clear explanation of what is the end to be achieved with such expropriation, as well as a scheme collation and monitoring of the fin.Por latter has been highlighted in discussions of land and buildings that were registered in the Land Registry (agency must provide legal and social), as private property and therefore it was assumed that legitimately belonged to its owner and are not. The Coastal Act of 1988 recognizes that registration is not valid. The only trace of the demarcation line between the Ministry and not by judges, if you lose the property and there is no automatic right to grant. This Committee is aware that the English Constitutional Court has said that this is set to English law, but the owner passes consolidate owning property and even entered in the register as its own, has to go to court to prove that it is his, as the Coastal Act does not recognize their situation. The petitioners have complained about this situation, it does not provide legal certainty for all ciudadanos.Por this Parliament, I would be grateful if you could study in depth the dysfunctions produced by this Act and specify to the Committee on Petitions, what steps will his Ministry to try to find solutions to the petitioners. This would lead to greater clarity and citizens, many of them in difficult personal situations, they would hesitate escuchados.No that the action of its conservation-oriented government of the English coast, the objective of the Act, manages to preserve the English coast, and the Petitions Committee welcomes ello.Atentamente, Sincerely, Erminia Mazzoni
Committee Chair Petitions
Source: - http://elespritudechovito.blogspot.com/2010/06/el-comite-de-peticiones-del-parlamento.html