One step is taken for the illegal hotel of The carobwhose skeleton is located on one of the Almeria beaches of Carboneras For more than 20 years, I have been in history. He Council of Ministers will approve Tuesday a declaration of public utility, A procedure that will lead to the demolition of the building within five monthss.
After Two decades of judicial battles and political clashesit seems that now, The demolition of the El Algarrobico Hotel, in Carboneras (Almería)it is getting closer and closer, on Tuesday there will be the first steps that will lead to the subsequent collapse of the building, Built in the Natural Park of Cabo de Gata-Níjar.
After announcing it hoyVisit to Andalusiathe First Vice President, María Jesús Monterothe Junta de Andalucia has stated «rejoice“That the government”finally react »to a «illegal hotel and an environmental attack perpetrated during the governments of the PSOE«.
Although he does not agree with the formula chosen and urges the State to act «by faster«, Since The expropriation, they say, “would eternalize the process in case of judicial appeal”.
And, according to sources from the Andalusian Executive, «It is enough that the City Council of Carboneras fulfills what the Superior Court of Justice of Andalusia sent» y «declare void the works license that the PSOE granted in his day«.
Ecologist world reactions
Environmental organizations celebrate that the state government intends to initiater The expropriation process from the land of illegal ruin of Algarrobiche Hotel raised on the beach of El Algarrobico, in Carboneras (Almería).
It will be approved tomorrow in the Council of Ministers. A part, approximately 40%, is located within the 100-meter maritime-terrestrial public domain easement that establishes the Coast Law. This is the reason that has led to the State that can exercise its right of expropriation on said strip.
Everything step that brings us closer to the definitive demolition of the carob is good news. In Greenpeace they have been waiting for their demolition for almost 20 yearssentence after sentence, and are not going to give up our efforts.
They will closely continue the steps that the Junta de Andalucía takes, which must comply with their firm statements to comply with the hotel demolition agreement because The Algarrobico is a symbol of a model of predatory tourism and destruction of our coastline.
There are mobilizations and a generalized citizen consensus pointing out that it is not the way to follow. At a time when the consequences of climate change are already palpable on our coasts and our cities we need forceful changes and clear alternatives to this model.
With this step, the Junta de Andalucía now has in its hand the option to put an end to this urban adhesion, Inheritance of the real estate boom and symbol of the predatory tourism model that has concreted the coast.
Impulse law for the sustainability of the territory of Andalusia (list)
To do this, you can apply the Impulse law for the sustainability of the territory of Andalusia (list)which allows you to exercise expropriation in manifestly illegal buildings, or culminate the right of retracting, since The illegal hotel is located in the Cabo de Gata-Níjar Natural Park.
After the Andalusian Executive has included in several budgets a specific game for the host of the hotelif the expropriation executed, The intentions announced several times by the Andalusian President, Juan Manuel Moreno Bonilla.
Today, the Minister of Sustainability and Environment of the Junta de Andalucía, Catalina García, has ratified the intention of complying with the demolition protocol agreed in 2011 with the central government, if the ministry takes the necessary steps.
We are facing a historical opportunity; Now is the time for the Board to ratify its decision to demolish once and for all this illegal ruin.
We need to take the necessary steps, with courage, to lead to this icon of coastal destruction already Recover the health of these protected lands from the Natural Park, which should never have been urbanized.
Ecologist organizations applaud this step because It could be unlocking before the continuous breaches by the City of Carboneras of the sentence that forces to declare the lands as non -urbanizables.
A sentence issued 9 years ago and that the Consistory has been avoiding dilatory excuses since then. Reason that led to Greenpeace to request, up to twice, to the Superior Court of Justice of Andalusia that the mayor of Carbonerascurrently Salvador Hernández, was warned with a fine of 700 euros every 20 days until the total compliance of Judgment No. 2000/2016 is produced, which classifies the place of El Algarrobico as non -urbanizable in the General Urban Planning Plan of Carboneras (PGOU).
European Human Rights Court (ECHR)
Now a year ago, Greenpeace requested amparo al European Human Rights Court (ECHR) After the ruling of Supreme Court That, in December 2022, he ruled that the Almeria hotel could not be demolished, for having a works license.
The High Court ruled that if the Carboneras City Council (Almería) He did not comply with the sentence that forces him to qualify the land as protected, they became urbanizable, until the session himself decided to comply with the verdict and modify its urban norms.
He European Human Rights Court (ECHR) He has concluded that he must now investigate the legality of this decision after the demand filed by Greenpeace.
It is a fundamental principle, in any rule of law, that the firm sentences that annul a general provision, such as the General Urban Planning Plan (PGOU) of Carboneras, have an effect from the day the ruling is published.
But, in this case, the supreme, incomprehensibly, granted judicial competences to Carboneras City Councila very serious and unprecedented fact that could be a violation of article 6.1 of the Human Rights Agreementsince it deprives the citizens of the right to have an independent judge and an effective judicial protection.
After today’s announcement, Ecologist organizations will meet with the First Vice President, María Jesús Monteroto know the details of this decision.