BETA

8 Amendments of Margrete AUKEN related to 2008/2248(INI)

Amendment 10 #
Motion for a resolution
Recital K a (new)
1 Judgment of 23 September 1998; see also Parliament's resolution of 21 June 2007 on the results of the fact- finding mission to the regions of Andalucía, Valencia and Madrid conducted on behalf of the Committee on Petitions (OJ C 146 E, 12.6.2008, p. 340).Ka. whereas last year the Spanish authorities issued instructions regarding the application of the 1989 Coastal Law, which had been neglected for many years during which time extensive environmental damage has been done to coastal areas in Spain, and whereas even the current instructions do not provide clear implementing measures to be followed by the local and regional authorities involved, and whereas many new petitions received bear witness to the retro-active contents of the instructions and the arbitrary destruction and demolition of individuals' legitimately acquired property, their rights to such property and their ability to transfer their rights by means of inheritance, Or. en
2009/01/28
Committee: PETI
Amendment 12 #
Motion for a resolution
Recital K b (new)
Kb. Considers that this Coastal Law impacts disproportionately on individual property owners who should have their rights fully respected, and at the same time insufficiently on the real perpetrators of coastal destruction who have in many instances been responsible for excessive urban developments along the coasts including holiday resorts and who had good grounds for knowing that they were invariably acting contrary to the provisions of the law in question,
2009/01/28
Committee: PETI
Amendment 52 #
Motion for a resolution
Recital X a (new)
Xa. whereas real estate agents in member states, such as the UK, and other providers of services related to the real estate market in Spain continue to market property in new urbanisations even when they are necessarily aware that there is a clear possibility that the project in question will not be completed nor built,
2009/01/28
Committee: PETI
Amendment 93 #
Motion for a resolution
Paragraph 7 a (new)
7a. Considers it alarming that there appears to be a widespread lack of confidence among the petitioners in the Spanish judicial system as an effective means of redress and justice;.
2009/01/28
Committee: PETI
Amendment 95 #
Motion for a resolution
Paragraph 7 b (new)
7b. Takes the view that persons who have bought property in Spain in good faith, which has been declared illegal should have the right to appropriate compensation through the Spanish courts;
2009/01/28
Committee: PETI
Amendment 96 #
Motion for a resolution
Paragraph 7 c (new)
7c. Considers that if private individuals, who have bought property in Spain while aware of the likely illegality of the property concerned, can be obliged to bear the costs of their risk-taking, this must apply by analogy even more so to professionals in the field; therefore developers that have entered into contracts, the unlawfulness of which they should have been aware of, ought not be entitled to compensation for plans which are abandoned due to lack of compliance with national and European law, nor should they have an automatic right of recovery for payments already made to municipalities when these have been made while aware of the likely illegality of the contract entered into;
2009/01/28
Committee: PETI
Amendment 100 #
Motion for a resolution
Paragraph 8 a (new)
8a. Recognises and supports the efforts of the Spanish authorities to protect the coastal environment and, where possible, to restore the coastal environment in a way which allows bio-diversity and the regeneration of indigenous species of flora and fauna and in this specific context appeals to them to urgently review and if necessary revise the Coastal Law in order to protect the rights of legitimate home-owners and those who own small plots of land in coastal areas which do not impact negatively on the coastal environment; emphasises that such protection should not be afforded to those developments which are designed as speculative ventures which are not conducive to the respect for EU Environmental Directives; undertakes to review such petitions as have been received on this subject in the light of responses from the competent Spanish authorities;
2009/01/28
Committee: PETI
Amendment 122 #
Motion for a resolution
Paragraph 17 a (new)
17a. Recalls that Directive 2005/29 concerning unfair business-to-consumers commercial practices in the internal market obliges all member states to provide appropriate means for legal redress and remedies for consumers who have been victims of such practices and to ensure that adequate sanctions are in place against such practices;
2009/01/28
Committee: PETI