- The Government will resort to articles 20.1.b) and 30.d), which grant powers of the Generalitat to the municipalities to authorize the activities foreseen in the plans of use of the coast and beaches, such as sports and cultural events
- The Bilateral Cooperation Commission General Administration of the State-Generalitat of Catalonia initiated negotiations but failed to reach an agreement
- The challenge, whose deadline ends today, has the favourable opinion of the Council of State
The Council of Ministers has agreed to file an appeal of unconstitutionality against the Law of the Autonomous Community of Catalonia 8/2020, of protection and management of the coast, considering that it damages or invades competences of the Generalitat of Catalonia that cannot be granted to municipalities.
Specifically, the Constitutional Court will be asked to challenge articles 20.1.b) and 30.d) of the law, which grant powers to municipalities to authorize the occupation of the state public domain for the activities provided for in the plans for the use of the coast and beaches, such as sports, cultural events or other occupations through removable facilities.
The Bilateral Commission of Cooperation General Administration of the State-Generalitat of Catalonia previously began negotiations to resolve the existing competitive discrepancies, although it was not possible to reach an agreement on these precepts.
The appeal is based, first of all, on the fact that, according to Article 132.2 of the Spanish Constitution, the State has exclusive and full competence over the public domain of the sea and the land.
Therefore, it is the State that has the competence to regulate its legal regime, as well as to establish basic legislation on the protection of the coastal environment, in accordance with Article 149.1.23a of the Spanish Constitution.
For its part, the Statute of Autonomy of Catalonia, in its article 149, attributes to the Generalitat of Catalonia the executive competences on the public land and sea domain of state ownership. These include the granting of authorizations and concessions and, in any case, concessions of fixed works at sea, respecting the "general regime of the public domain". This implies their full subjection to state powers, since it is up to the state to establish such a regime.
In addition, article 115 of the Coastal Act, which is a State law, provides for a list of the powers of municipalities that, in the terms provided for by the regional law, may include, among others, the following: "To exploit, where appropriate, the seasonal services that can be established on the beaches...".
Thus, at no time is municipalities allowed to grant authorizations for the occupation of the beaches, as is done in articles 20.1 b) and 30 d) of the contested Catalan law.
The formal and material requirements for filing an appeal with the Constitutional Court are therefore met.
The Government’s agreement has received a favourable prior opinion from the Council of State. The deadline for filing the appeal ends today, May 4, 2021. In it, the provisional suspension of the impugned precepts will be requested.