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- They affirm that "it is necessary to request the suspension and stoppage of the appealed Project because there is no point in having filed a contentious administrative procedure, which will take more than a year to resolve, when at the same time the contested works continue their rhythm of execution, which is expected in a few months are finalized "

- From the municipal training, they point out that "nobody has offered explanations nor justified how it has been possible and what has been the administrative administrative procedure through which it has gone from publishing in the BOE and evaluating environmentally one project to be executing another very different"

NOW MURCIA asks the Mayor Ballesta that the Municipal Legal Services to present as soon as possible the application in the contentious-administrative procedure to request the precautionary measures of suspension of the AVE works of surface arrival to the station of El Carmen, as it collected the motion approved in the Plenary of the City of Murcia on July 28, 2016. "The objective is to proceed by court order to issue orders to stop and seal these works," said the municipal group, "adopting coercive measures which the legal system provides ".

Now Murcia has written to Ballesta today transmitting this demand about the contentious-administrative procedure of the works of the AVE.

The precautionary measure is expressed on the basis of article 135 of Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction, in assessing the circumstances of special urgency for the beginning of works, consisting of the suspension of the execution of the contested act until the appeal is resolved.

"We understand that the adoption of this measure proceeds", they affirm, "given the irreparable damage and impossible repair that would entail the execution of the works of arrival of the AVE in surface".

In this sense, they emphasize that "if the measure is not adopted quickly, it would be possible to consolidate the execution of works carried out outside legality, adding that non-paralysis would lead to the materialization of the exclusion of neighborhoods in Murcia , causing damages of irreparable cure ".

In the Plenum of the City of Murcia in July 2016, a motion was approved where it was agreed that the Municipal Legal Services filed before the Audiencia Nacional contentious-administrative appeal for the project tendered, and subsequently adjudicated to the company Aldesa, surface arrival AVE train to El Carmen station.

This litigation-administrative procedure was presented by the Municipal Legal Services in fulfillment of the mandate of the Plenary, but to this day it is in the stage of filing of lawsuit.

"In this phase," explains Murcia Now, "the Law regulating the Contentious-Administrative Jurisdiction, in its article 135, allows that as a precautionary measure is requested to suspend the execution of the act appealed until the appeal is resolved March, based on the concurrence of circumstances of special urgency in the case, and the damages and damages of impossible and difficult reparation that could result from the execution of the project of arrival of the AVE in contested surface.

From the municipal training, they emphasize that "the suspension and suspension of the Project must be requested because it is useless to have filed a contentious administrative procedure, which will take more than a year to resolve, when at the same time the contested works continue their rhythm of execution , which is expected to be completed in a few months. "

Serious shortcomings of the project

For Now Murcia, "it is necessary to take into account the serious deficiencies that the project of execution of the works of surface arrival of the AVE to Murcia impugned, including that the project supposes an essential alteration of the geometric, functional and structural aspects of the railway infrastructure proposal that has served to develop the environmental impact statement contained in the 'Informative Study of the Remodeling Project of the Arterial Railway Network of the City of Murcia', since between the project evaluated environmentally and the one has been awarded and is being built, there is only a coincidence of 18%, which means that more than 80% of what is being built does not have legal coverage, as it has not evaluated the consequences that will have on the population and the environment And if this were not enough, "they add," the aforementioned Environmental Impact Statement has lapsed as

Law, as it was published in the BOE in 2009 ".

"Thus, we can point out that the consequences of placing a catenary of 25,000 volts within a few meters of houses and schools have not been evaluated", they report, "the social and other consequences of isolating populations of entire neighborhoods by making their mobility difficult with the support walls of the acoustic and protective screens being placed, the consequences of noises and exposure to noise vibrations in the population that inhabits a few meters of the railway infrastructure have not been evaluated , and the consequences of vibrations in the terrain that will cause the passage of a high-speed train within a few meters of buildings (both housing and private facilities as well as public buildings) have not been evaluated. "

From the municipal training, they emphasize that "nobody has offered explanations or justified how it has been possible and what has been the administrative administrative procedure through which it has gone from publishing in the BOE and evaluating environmentally one project to be running another very We are in a state of law, "they remember," where public works projects must comply with strict rules and administrative formalities, and where citizen participation must be ensured, but these circumstances have not occurred in the process and execution of the works of arrival of the AVE to the station of the Carmen ".

As pointed out from Now Murcia, "we are talking about works in which millions of euros of all citizens are being spent, and that once finalized they will determine the model of the city in which we live and that we will bequeath to our descendants, who will have to bear the errors that are now committed. "

"In short, because of these and many other issues that can be deduced from the administrative file of processing of the works of arrival of the AVE to the station of the Carmen that they are currently executing, they must request the precautionary stoppage of these works", they conclude, "because we could find ourselves in the dantesca situation that in a couple of years the courts of justice sentence that these works are illegal but these already are executed and paid, and that once finished nobody, nor the judicial administration, would allow its demolition, thus arriving, by way of fait accompli, to have the Murcia to bear illegal works by dividing the city in two. "

Source: Ahora Murcia