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The Constitutional Court admits the Government’s appeal against Murcia’s reform of the Mar Menor Law

22_07_01_The Constitutional Court admits the Government's appeal against Murcia's reform of the Mar Menor LawThe Constitutional Court (TC) has admitted the appeal filed by the Government of Pedro Sánchez against the reform made by the Executive of Murcia of the law on the Mar Menor, as Moncloa understood that it reduces the intended protection.

Specifically, the appeal is against the sole article of the decree law of the Council of Government of the Region of Murcia 5/2021, of 27 August, which amended the law 3/2020, of 27 July, for the recovery and protection of the Mar Menor.

The Government challenged the decree law on the grounds that it “makes the restoration of illegal irrigation farms to their natural state conditional upon prior administrative action by the Confederación Hidrográfica del Segura to prohibit and sanction them”.

Thus, he pointed out that the regional legislation “not only hinders the restitution of illegal land by requiring specific action by the State”, but also “neglects its responsibilities and competences in the agricultural and environmental fields, as it unjustifiably fails to act ex officio in many other cases of illegality in which the farms are located on forest, unirrigated or protected land, among other reasons”.

For the Executive, the design of the Murcian regulations “hinders, reduces and delays” the regional processes of restoring the land to its natural state and, consequently, “does not act with sufficient diligence against illegal operations”, with the consequent negative impact on the Mar Menor.

Nevertheless, the Council of Ministers explained in its references of 24 May that it was appealing in order to “ensure and protect” the protection of the Mar Menor, leaving it up to the TC to assess the unconstitutionality of the Murcian law and the terms in which the issues in dispute should be interpreted.

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