The State and the Xunta de Galicia will begin negotiations to reach common ground and filing discrepancies with respect to the Climate Change Law and Energy Transition. This bilateral commission, in particular, will discuss the terms of the concessions located in the maritime-terrestrial public domain.
Both the DOG (Official Gazette of Galicia) and the BOE (Official State Gazette) collect the resolution that establishes a dialogue phase to avoid a possible filing of an appeal of unconstitutionality that the Galician Government warned months ago, according to Ep. In fact, the text of the agreement, which is signed by the first vice president of the Xunta, Alfonso Rueda, and by the Minister of Territorial Policy, Isabel Rodríguez, will be communicated to the Constitutional Court.
The beginning of the dialogue between both administrations is a step thatand the Xunta considers it “positive”, as stated in a statement, because “certain discrepancies in Article 20 and the sole repeal provision may be discussed with the central government.”
Specifically, the wording of Article 20 -before it was 18- of the aforementioned law, which was approved in mid-May, was the main object of discrepancy between both administrations during the legislative process, when establishing, in accordance with the Coastal Law of 1988 and the Law of Patrimony of the Public Administrations of 2003, which the concessions on the coastline would have a maximum of 75 years, including extensions.
This same article also establishes that administrative acts that fail to comply with this maximum period are “null and void”. This wording was the subject of an amendment presented by the PSOE in its proceedings in the Senate, to specify that only those acts dictated after the entry into force of the Climate Change Law would be null., thus nullifying its retroactive effect.
“Clarify legal uncertainty”
Despite this modification in the Upper House, the Xunta wants the negotiation agreed by the bilateral commission to reach «clarify legal uncertainty»Which, as it considers, offers the current wording of article 20 regarding the duration of the concessions.
In this sense, the Autonomous Administration recalls that both its legal advice and the Consultative Council had expressed their doubts about these regulations in separate reports. The Xunta sees «a goodwill step»That the central government has« predisposition to dialogue and negotiate on a regulation that affects the future of the companies based on the Galician coast », he emphasizes in his statement.
And it is that the intention of the regional Executive is «guarantee legal security»From these industries, including« more than a hundred »from the sea-industry chain, as well as another 5,000 buildings located on the coastline.