Portal de Murcia
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Facts:
A) A group of citizens 15M Assembly presented the December 24, 2012 one administrative appeal against the Order of December 15, 2011 of the Autonomous Community of Murcia, introducing new tariffs of potable water are authorized Murcia, Murcia City Council initiative.
The grounds of appeal were based on questioning the regulatory process water rates prior private rather than rate, and therefore the consideration of water as a commodity and not as a civil right.
Dated April 24, 2015, a judgment of TSJM has ruled against the appeal for judicial review, holding that water rates when the service is rendered by a public company or a dealership, have the legal nature of private prices , as is now handled by EMUASA.
B) read the sentence, it was decided by the undersigned citizens of Appeal, among them Andres Pedroza Canovas candidate can Regional Assembly of Murcia and Miguel Angel Alzamora, candidate Murcia Now the City of Murcia, file An appeal to the Supreme Court, which is based on the following grounds:
Fundamentals of cassation appeal to the Supreme Court:
It is an appeal to the Supreme Court against the judgment delivered on 24 April by the Superior Court of Murcia -TSJM- AQUAGEST supporting the thesis and the oligopoly of companies of drinking water against lawsuit filed in 2012 by citizens Murcia against increasing the already excessive tariffs water EMUASA of Murcia, which are the most expensive in Spain, including Canary above.
We base the use of TS in the judgment of TSJM agreeing with EMUASA is based on a distortion of the two Supreme Court decisions of 2009 on the same subject of water rates, which set the jurisprudence of the Supreme force right now on the legal procedure for the basic service rates as water.
We think that the judgment of TSJM may have defects prevaricating sentence.
The disputed issue is key to ensuring public future of municipal water services not only in the municipality of Murcia, but throughout Spain and the procedure of approval and collection of fees from municipal water supply can not be freely set by water concessionaires to make exorbitant profits without any public control, but being the municipal water service supply an essential and indispensable for a decent life and given in Spain under municipal monopoly, management and delivery procedure and their rates should be subject to legal reserve, ie, the process of tagging rates in our regulations must be followed.
Winning in the TS, we will have won key issues, including that have to do annual surveys of costs and total revenues from water rates may not exceed these costs, which will have to significantly reduce their amounts as may not produce annual benefits currently derived.
For example, in the city of Murcia, EMUASA will have to lower their rates and can no longer deliver annual benefits that the City intended to pay its current expenses.
It also ensures that tariffs have to be approved in the plenary of the municipalities, which have previously monitor by municipal interventions and have to be included in municipal budgets.
Essential question is who will be illegal water cuts as the rates we advocate procedure in case of default, municipalities or the concessionary companies have to resort to enforcement proceedings, as when no fine is paid.
Currently EMUASA wait for customers to have a default of 500 euros to take them directly to justice, which is producing a new kind of eviction: the water eviction.
Source: Ahora Murcia
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