BETA

8 Amendments of José Manuel GARCÍA-MARGALLO Y MARFIL related to 2008/2248(INI)

Amendment 13 #
Motion for a resolution
Recital L
L. whereas in the course of the current parliamentary term the Committee on Petitions, acting in response to the very large number of petitions received, has conducted detailed investigations, has reported three times on the extent of the abuse of the legitimate rights of European citizens to their legally acquired property in Spain,problems arising from the occasional misapplication of Spanish urban planning legislation as regards citizens’ rights and has also detailed its concerns in relation to the undermining of sustainable development, environmental protection, and water quality and provision, procedures concerning public procurement with regard to urbanisation contracts and insufficient control of urbanisation procedures by many local and regional authorities in Spain,
2009/01/28
Committee: PETI
Amendment 29 #
Motion for a resolution
Recital P
P. whereas Article 33 of the Spanish Constitution makes reference torecognises the rights of individuals to their property, and whereas noa comprehensive interpretation of that article has ever been provided by the Constitutional Court, notably as regards the provision of property for social use as opposed toin the form of numerous rulings determining its limits and content on the basis of the social function of those rights of individuals to their legally acquired homes and dwellings, in accordance with the law,
2009/01/28
Committee: PETI
Amendment 35 #
Motion for a resolution
Recital R
R. whereas the Commission, acting pursuant to the powers conferred on it by Article 226 of the EC Treaty, has brought proceedings against Spain before the Court of Justice in a case involving the excessive urbanisation abuses which have occurred in Spain which directly concerns the implementation by the Valencian authorities of the Directive on Public Procurement, 1 Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004, p. 114).relating to the implementation by the Valencian authorities of the Directive on Public Procurement and concerning urban development,
2009/01/28
Committee: PETI
Amendment 62 #
Motion for a resolution
Recital Z
Z. whereas the building industry, having profited excessively during the years of rapid economic expansion, has become a primary casualty of the current collapse of the financial markets, itself partly provoked by speculative ventures in the housing sector,s been notably hit by the consequences of the international collapse of the financial markets and whereas this affects not only the companies themselves, who are now confronted with bankruptcy, but also the tens of thousands of workers employed in the building industry who now face unemployment because of the unsustainable urbanisation policies which were pursued and of which they now have also become victims,
2009/01/28
Committee: PETI
Amendment 64 #
Motion for a resolution
Paragraph 1
1. Calls on the Government of Spain and of the regions concerned to carry out a thorough review and to revise allNotes that, on the basis of Article 149(1)(8) of the Spanish Constitution, the State has exclusive competence for regulating property law, and therefore calls on the Government of Spain to provide the means necessary to improve both the application of legislation affecting the rights of individual property owners, in order to bring an end to the abuse of rights and obligations enshrined in the EC Treaty, in the Charter of Fundamental Rights, in the ECHR and in the relevant EU Directiv and knowledge of the rights and obligations inherent in property; notes, however, that Article 19 of the State Land Law provides, as well as in other conventions to which the EU is a partymple safeguards regarding the right of third-party purchasers;
2009/01/28
Committee: PETI
Amendment 84 #
Motion for a resolution
Paragraph 5
5. Calls on the EU institutions to provide advice and support, if requested so to do by the Spanish authorities, in order to provide them with the means to surmount effectively the disastrous impact of massive urbanisation on citizens' lives within a duly short yet reasonable time- frame;Deleted
2009/01/28
Committee: PETI
Amendment 97 #
Motion for a resolution
Paragraph 8
8. Believes, nevertheless, that absence of clarity, precision and certainty with regard to individual property rights contained in existing legislation, and the lack of any proper and consistent application of environmental law, are the root cause of many problems related to urbanisation and that this, combined with a certain laxity in the judicial process, has not only compounded the problem but has also generated an endemic form of corruption of which, once again, the European citizen is the primary victim, but which has also caused the Spanish state to suffer significant loss;deleted
2009/01/28
Committee: PETI
Amendment 111 #
Motion for a resolution
Paragraph 13
13. Recalls also that Parliament, as the budgetary authority, may also decide to 1 Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (OJ L 210, 31.7.2006, p. 25). place funding set aside for cohesion policies in the reserve if it considers this necessary in order to persuade a Member State to end serious breaches of the rules and principles which it is obliged to respect either under the Treaty or as a result of the application of EU law, until such times as the problem is resolved;deleted
2009/01/28
Committee: PETI