33 acts approved by the Catalan government which have later been taken before the Constitutional Court
Two more Catalan laws taken before the Spanish Constitutional Court
There have been 33 acts approved by the Catalan government and
Parliament which have later been taken before the Constitutional Court
The Catalan law which bans ‘fracking’ in Catalonia and the regulation against building department stores of more than 800 m2
in urban areas have been taken before the Spanish Constitutional Court.
Regarding the prohibition of ‘fracking’, the Catalan law foresaw the
prohibition of this well-simulation technique in which rock is fractured
by a pressurised liquid “when it may have negative effects on the
geologic, environmental and socioeconomic characteristics of the area”.
However, the TC considered that it “invaded competences of the Spanish
state”. In relation to the law which banned the construction of big
department stores in urban areas, the TC considered that such
prohibition doesn’t respond to “imperative reasons of general interest”.
So far, there have been 33 acts approved by the Catalan government
and Parliament which have later been taken before the Constitutional
Court. Last Friday, the Spanish executive challenged the Law for Local
Government, the Law on Empty Houses and the Law on Equality between Men
and Women in the Court.
Suspension of the ‘fracking’ regulation
In particular, the TC gave leave to proceed with article 167.1 of the
Parliament Law which established the prohibition of exploring,
investigating and extracting hydrocarbons deposits through this
technique in which rock is fractured by a pressurised liquid. According
to the Court, it is the Spanish State which has the competences to allow
or forbid this technique and the magistrates referred to the sentences
which banned ‘fracking’ in other Autonomous Communities in Spain and
which have ultimately been suspended.
According to the TC, the Catalan law “reformulates from a radically
different perspective” the Spanish legislation, which allows ‘fracking’
as long as it “complies with certain technical and environmental
requirements”.
Hydraulic fracturing is highly controversial in many countries.
Opponents argue that the benefits of fracking, which are mainly to do
with making hydrocarbons more accessible, are outweighed by the
potential environmental impacts, which include risks of ground and
surface water contamination, air and noise pollution, and potential
earthquakes, along with the consequential hazards to public health and
the environment.
Therefore, hydraulic fracturing is under international scrutiny, restricted in some countries, and banned altogether in others.
Open door to build shopping malls in urban areas
The TC also suspended the article which prohibited the implementation of commercial establishments with a surface area of 800 m2
or more in “consolidated urban areas”. According to the magistrates,
the suspension doesn’t respond to “imperative reasons of general
interest” and therefore it is not aligned to what the state regulation
establishes.
According to the Court, the Catalan law “doesn’t externalise any
reason to restrict so strongly the implementation of commercial
establishments” of 800 m2 or more and therefore “directly opposes” the Spanish law on this matter.
