14 Amendments of Cristina GUTIÉRREZ-CORTINES related to 2008/2248(INI)
Amendment 2 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas any citizen or resident of a state signatory to the European Convention on Human Rights who considers that his/her human rights have been violated should approach the European Court of Human Rights in Strasbourg, bearing in mind that before bringing any proceedings before that Court he/she must exhaust all domestic remedies, as is laid down in Article 35 of that Convention,
Amendment 3 #
Motion for a resolution
Recital I
Recital I
I. whereas according to Article 295, the EC Treaty “shall ithe successive communications from the European Commission nto way prejudice the rules in Member States governing the system of property ownership” and whereas the case-law of the Court of Justice has confirmed that the competence of Member States inthe members of the Committee on Petitions stress that considerations such as the obligation on landowners to transfer part of their property to the local authority when a new project is approved, thise respect must always be applied in conjunction with the fundamental principles of Community law, such as the free of movement of goods, persons, services and capital (see the judgment of 22 June 1976 in Case C-119/75 Terrapin v Terranova [1976] ECR 1039)quirement to pay for that new infrastructure and the compulsory purchase powers conferred on the competent authority are the exclusive competence of the Member States, in accordance with Article 295 of the EC Treaty,
Amendment 17 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas it has received many petitions from private individuals and from various organisations representing European citizens, complaining about different aspects of urbanisation, and whereas it has noted that many of the issues raised in the petitions submitted in relation to urban expansion do not constitute infringements of Community law, as is evidenced by the communications to the EC Member States, and should be settled by exhausting the legal remedies available in the Member States concerned,
Amendment 36 #
Motion for a resolution
Recital S
Recital S
S. whereas the Commission, at the request of the Committee on Petitions, has launched an investigation into more than 250 urbanisation projects which have received a negative opinion from the competent water authorities and river basin authorities and approval of which, some on the grounds of water resources, whose approval is pending in Andalucía, Castilla-la-Mancha, Murcia and Valencia,
Amendment 49 #
Motion for a resolution
Recital X
Recital X
X. whereas many thousands of European citizens have, in different circumstances, bought property in Spain in good faith acting with local lawyers, town planners and architects, only to find later that they have become victims of urbanisation abuse by unscrupulous local authorities and that, as a result,, without being familiar with its planning rules, and bearing in mind the principle that 'ignorance of the law is no excuse for breaking it'; whereas the outcome for these citizens has been the discovery that their property faces demolition becaussince their homes have been found to be illegally built and therefore worthless and unsaleable,
Amendment 77 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that many cases of infringements are due to ignorance of the law among citizens who came to live in Spain and, misinterpreting the rules, are in clear breach of the laws affecting their property, owing above all to disinformation and the permissive attitude of the Spanish authorities;
Amendment 78 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Requests the competent financial and commercial bodies concerned with the construction and urbanisation industry to participate actively with the political authorities in the search for solutions to the existing problems, resulting from massive and unsustainable urbanisation, which have affected hundreds of thousands of European citizens who have chosen to take advantage of the provisions of the EU Treaty and who have taken up their rights of establishment under Article 44 in an EU Member State which is not their country of origin;
Amendment 85 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the embassies and consulates of the various European citizens affected to provide information, advice and assistance to those citizens, in turn and if requested to do so, in the event of violations that affect the protection of their rights;
Amendment 89 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the relevant Spanish authorities to display the greatest possible circumspection in applying the law, so as to avoid the problems which have been caused by development, and to provide those affected with guarantees and explicit information as to possible alternatives, and above all to property- owners located in areas classed as fit for property development, so that such development can be made compatible with existing agricultural holdings or homes, without this resulting in any financial prejudice;
Amendment 107 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that the Environmental Impact Assessment Directive and the Strategic Environmental Impact Assessment Directive impose an obligation to consult the public concerned at a stage when plans are being established and drawn up, not – as so often has happened in cases brought to the attention of the Committee on Petitions – after the plans have been de facto agreed by the local authority; recalls, in the same context, that any substantial modification to existing plans must also respect this procedure and that plans must also be current and not statistically inaccurate or out of date;
Amendment 118 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the authorities responsible for development to extend development consultation processes to property- owners, with acknowledgement of receipt, whenever there are changes to the classification of their properties, and to propose to local authorities that they issue direct, personal invitations during the zoning plan or reclassification appeal proceedings;
Amendment 125 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Asks that Parliament’s Committee on Petitions, when it receives complaints and declares them admissible, check whether a legal basis exists which justifies the complaint in question;
Amendment 126 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Asks the Commission, in its replies and reports, to be more specific as to whether the petitions have a legal basis in the Treaties;
Amendment 127 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Asks that the codes of conduct for dealing with petitions and the procedure applied by officials when selecting petitions be revised, so that no complaints without a legal basis will be accepted, and that checks will be made as to whether the complaints point up genuine breaches of the law in their country of origin;