Portal de Murcia
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Once again, the government team has won a legal battle to PSOE for parking construction project of St. Stephen.
The Administrative Court The number three has dismissed a lawsuit filed by the Municipal Group Socialist against the decision of the Board of Government of 1 June 2005 which approved the specifications for the construction of parking.
According to the sentence, has not committed any illegal since, according to the Law on Public Administration Contracts, procurement records may be routine, urgent or, exceptionally, an emergency where necessary to expedite adjudication by public interest .
Thus, the technical reports indicate "the imperative to provide the city of Murcia car parking spaces will need to increase and accelerate justifies the time limits for reasons of public interest," which has been "a reduction in time, but did not affect either the public or the audience. "
Furthermore, the statement is included that "you can ignore the feasibility study and that it be replaced by an economic and financial feasibility study and to submit to public information during a month."
In the case of St. Stephen's car has become the financial and economic study, in addition, a draft of the work.
It also states that "it is not mandatory for publication in the Official Journal of the European Communities and may replace publication in the Official Gazette for publication in the BORM, as fulfilled."
Thus, the Court has once again given the right to Government Team twelfth time in cases involving the center car.
Remember that all complaints made by the socialist group and the platform opositoria the center car was unsuccessful any since at all times, the work of the municipal officers have complied with the requirements of the law.
In addition to this lawsuit have been dismissed eleven complaints or endorsed by the PSOE:
Ana Fernández-Villa Reporting for libeling Councilman Antonio Sánchez Carrillo, who was acquitted.
-Report to the Court of Auditors for possible irregularities in the records to build a car park in the basement of San Esteban.
Pre-trial motions filed in February 2006.
-Auto court of administrative litigation Two of Murcia, October 20, 2005, which denies the suspension of the administrative appeal, on approval by the Governing Board of the specifications for the work of parking Liberty Avenue
"The October 24, 2005, the court of administrative disputes three of Murcia has no grounds to suspend the contested act, according to the Board of Governors in June 2005 by approving the specifications for the work of parking in the basement of San Esteban.
-Dismissed in April 2006 brought the appeal against an order in October 2005 before the Board of Administrative Litigation of the Supreme Court also rejected the suspension of administrative acts relating to public works concessions for parking Garden St. Esteban.
Contentious-Administrative Court 3 Murcia: January 2006 dismisses the request for suspension of the approval of the specifications for the work in the basement of San Esteban adopted in 2005.
"The room of TRSJ litigation dismissed the July 12, 2006 the appeal lodged against the order of October 20, 2005 the court of administrative litigation Murcia 2, of denial of stay of execution of the administrative decision regarding the work of San Esteban.
"In November 2006, the Division of Administrative Litigation of the Supreme Court dismissed the appeal lodged against the order of January 30, 2006 which denied the stay of execution of the administrative act.
-June 2007: Judgement of the Court of Contentious again dismissing the suit against the City Government agreement in approving the specifications for the construction of parking Avenida de la Libertad.
-July 2007: to reject the appeal by the Socialist Group in the specification adopted in 2005 to hire this work.
-November 2007, the Court of Administrative Litigation Murcia number 5 rejected the claim made by opponents of the park against the decision of the Governing Board of the City Council March 8, 2006 by dismissing the claims brought by concerned about contracting the work of the parking lot of San Esteban.
The court finds that the contested measure is in accordance with law. "
Source: Ayuntamiento de Murcia
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