BETA


2008/2248(INI) Impact of extensive urbanisation in Spain on individual rights of European citizens, on the environment and on the application of EU law, based upon petitions received

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead PETI AUKEN Margrete (icon: Verts/ALE Verts/ALE)
Committee Opinion ENVI
Committee Opinion REGI
Committee Opinion JURI
Lead committee dossier:
Legal Basis:
RoP 227-p2, RoP 54-p4

Events

2009/10/08
   EC - Commission response to text adopted in plenary
Documents
2009/03/26
   EP - Results of vote in Parliament
2009/03/26
   EP - Decision by Parliament
Details

The European Parliament adopted by 349 votes to 110, with 114 abstentions, a resolution on the impact of extensive urbanisation in Spain on individual rights of European citizens, on the environment and on the application of EU law, based upon petitions received.

The resolution recalls that the Commission 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. Moreover, 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 which may therefore place the projects in contravention of the Water Framework Directive.

Review of legislation and urbanisation plans : the Spanish Government is urged to hold a public debate, with the participation of all administrative bodies, that would involve a rigorous study through the setting-up of a working committee on urban development in Spain and that would make it possible to take legislative measures against speculation and unsustainable development.

The resolution calls on the Government of Spain and of the regions concerned to carry out a thorough review and to revise all legislation affecting the rights of individual property owners as a result of massive urbanisation. In particular, it calls on the Spanish authorities to abolish all legal forms that encourage speculation, such as urbanisation agents.

Moreover, Parliament considers that the competent regional authorities should suspend and review all new urbanisation plans which do not respect the strict criteria of environmental sustainability and social responsibility, and to halt and cancel all existing developments where criteria laid down in EU law have not been respected or applied. The Spanish authorities are also asked to ensure that no administrative act that would oblige a citizen to cede legitimately acquired private property finds its legal base in a law which has been adopted after the date of construction of the property in question.

Judicial and administrative mechanisms : the resolution stresses that the competent national and regional authorities should establish functioning judicial and administrative mechanisms, in order to speed up redress and compensation for victims of urbanisation abuse who have suffered as a result of the application of the provisions of existing legislation. In this context, Parliament urges the competent authorities to guarantee a fair settlement for the many ongoing cases of EU citizens affected by non-completion of their houses as a result of the poor planning and coordination between institutions and construction companies. Parliament 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.

Lack of transposition : it should also be added that the European Parliament expresses concern over the lack of correct transposition of the Directives on money laundering, which is currently the subject of Treaty infringement proceedings and which has limited the transparency and legal pursuit of the illicit circulation of financial capital including investments in certain large-scale urbanisation projects.

Transparency and consultation process : according to the Parliament, persons who have bought property in Spain in good faith, only to find that the transaction has been declared illegal, should have the right to appropriate compensation through the Spanish courts. However, if private individuals who have bought property in Spain in the knowledge of the likely illegality of the transaction concerned can be obliged to bear the costs of their risk-taking, this must apply by analogy a fortiori to professionals in the field.

MEPs call, once again, on local authorities to consult their citizens and involve them in urban development projects in order to encourage fair, transparent and sustainable urban development where this is necessary, in the interest of local communities and not in the sole interest of property developers, estate agents and other vested interests. They also call on the authorities responsible for urban development to extend development consultation processes to property-owners, with acknowledgement of receipt, whenever there are changes to the classification of their properties.

Parliament believes, nevertheless, that the 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 EU citizen is the primary victim, but which has also caused the Spanish State to suffer significant loss.

Information campaign : Lastly, Parliament once again calls on the Commission to initiate an information campaign directed at EU citizens buying real estate in a Member State other than their own.

Documents
2009/03/26
   EP - End of procedure in Parliament
2009/02/20
   EP - Committee report tabled for plenary, single reading
Documents
2009/02/20
   EP - Committee report tabled for plenary
Documents
2009/02/11
   EP - Vote in committee
Details

The Committee on Petitions adopted the own-initiative report drawn up by Margrete AUKEN (Greens/EFA, DK) on the impact of extensive urbanisation in Spain on individual rights of European citizens, on the environment and on the application of EU law, based upon petitions received.

The report recalls that the Commission 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. Moreover, 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 which may therefore place the projects in contravention of the Water Framework Directive.

The report calls on the Government of Spain and of the regions concerned to carry out a thorough review and to revise all legislation affecting the rights of individual property owners as a result of massive urbanisation. In particular, it calls on the Spanish authorities to abolish all legal forms that encourage speculation, such as urbanisation agents.

Moreover, the report considers that the competent regional authorities should suspend and review all new urbanisation plans which do not respect the strict criteria of environmental sustainability and social responsibility, and to halt and cancel all existing developments where criteria laid down in EU law have not been respected or applied. The Spanish authorities are also asked to ensure that no administrative act that would oblige a citizen to cede legitimately acquired private property finds its legal base in a law which has been adopted after the date of construction of the property in question.

The report stresses that the competent national and regional authorities should establish functioning judicial and administrative mechanisms, in order to speed up redress and compensation for victims of urbanisation abuse who have suffered as a result of the application of the provisions of existing legislation. In this context, MEPs urge the competent authorities to guarantee a fair settlement for the many ongoing cases of EU citizens affected by non-completion of their houses as a result of the poor planning and coordination between institutions and construction companies.

According to MEPs, persons who have bought property in Spain in good faith, only to find that the transaction has been declared illegal, should have the right to appropriate compensation through the Spanish courts. However, if private individuals who have bought property in Spain in the knowledge of the likely illegality of the transaction concerned can be obliged to bear the costs of their risk-taking, this must apply by analogy a fortiori to professionals in the field.

MEPs call, once again, on local authorities to consult their citizens and involve them in urban development projects in order to encourage fair, transparent and sustainable urban development where this is necessary, in the interest of local communities and not in the sole interest of property developers, estate agents and other vested interests. They also call on the authorities responsible for urban development to extend development consultation processes to property-owners, with acknowledgement of receipt, whenever there are changes to the classification of their properties.

Lastly, MEPs once again call on the Commission to initiate an information campaign directed at EU citizens buying real estate in a Member State other than their own.

2009/01/28
   EP - Amendments tabled in committee
Documents
2008/12/10
   EP - Committee draft report
Documents
2008/09/23
   EP - Committee referral announced in Parliament
2008/09/10
   EP - AUKEN Margrete (Verts/ALE) appointed as rapporteur in PETI

Documents

AmendmentsDossier
127 2008/2248(INI)
2009/01/28 PETI 127 amendments...
source: PE-418.426

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2008-09-23T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP responsible: True committee: PETI date: 2008-09-10T00:00:00 committee_full: Petitions rapporteur: group: Verts/ALE name: AUKEN Margrete body: EP responsible: False committee_full: Regional Development committee: REGI
  • date: 2009-02-11T00:00:00 body: EP committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP responsible: True committee: PETI date: 2008-09-10T00:00:00 committee_full: Petitions rapporteur: group: Verts/ALE name: AUKEN Margrete body: EP responsible: False committee_full: Regional Development committee: REGI type: Vote in committee, 1st reading/single reading
  • date: 2009-02-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2009-82&language=EN type: Committee report tabled for plenary, single reading title: A6-0082/2009 body: EP type: Committee report tabled for plenary, single reading
  • date: 2009-03-26T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16792&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-192 type: Decision by Parliament, 1st reading/single reading title: T6-0192/2009 body: EP type: Results of vote in Parliament
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  • date: 2008-12-10T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE416.354 title: PE416.354 type: Committee draft report body: EP
  • date: 2009-01-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE418.426 title: PE418.426 type: Amendments tabled in committee body: EP
  • date: 2009-02-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2009-82&language=EN title: A6-0082/2009 type: Committee report tabled for plenary, single reading body: EP
  • date: 2009-10-08T00:00:00 docs: url: /oeil/spdoc.do?i=16792&j=0&l=en title: SP(2009)3245 type: Commission response to text adopted in plenary
events
  • date: 2008-09-23T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2009-02-11T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Petitions adopted the own-initiative report drawn up by Margrete AUKEN (Greens/EFA, DK) on the impact of extensive urbanisation in Spain on individual rights of European citizens, on the environment and on the application of EU law, based upon petitions received. The report recalls that the Commission 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. Moreover, 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 which may therefore place the projects in contravention of the Water Framework Directive. The report calls on the Government of Spain and of the regions concerned to carry out a thorough review and to revise all legislation affecting the rights of individual property owners as a result of massive urbanisation. In particular, it calls on the Spanish authorities to abolish all legal forms that encourage speculation, such as urbanisation agents. Moreover, the report considers that the competent regional authorities should suspend and review all new urbanisation plans which do not respect the strict criteria of environmental sustainability and social responsibility, and to halt and cancel all existing developments where criteria laid down in EU law have not been respected or applied. The Spanish authorities are also asked to ensure that no administrative act that would oblige a citizen to cede legitimately acquired private property finds its legal base in a law which has been adopted after the date of construction of the property in question. The report stresses that the competent national and regional authorities should establish functioning judicial and administrative mechanisms, in order to speed up redress and compensation for victims of urbanisation abuse who have suffered as a result of the application of the provisions of existing legislation. In this context, MEPs urge the competent authorities to guarantee a fair settlement for the many ongoing cases of EU citizens affected by non-completion of their houses as a result of the poor planning and coordination between institutions and construction companies. According to MEPs, persons who have bought property in Spain in good faith, only to find that the transaction has been declared illegal, should have the right to appropriate compensation through the Spanish courts. However, if private individuals who have bought property in Spain in the knowledge of the likely illegality of the transaction concerned can be obliged to bear the costs of their risk-taking, this must apply by analogy a fortiori to professionals in the field. MEPs call, once again, on local authorities to consult their citizens and involve them in urban development projects in order to encourage fair, transparent and sustainable urban development where this is necessary, in the interest of local communities and not in the sole interest of property developers, estate agents and other vested interests. They also call on the authorities responsible for urban development to extend development consultation processes to property-owners, with acknowledgement of receipt, whenever there are changes to the classification of their properties. Lastly, MEPs once again call on the Commission to initiate an information campaign directed at EU citizens buying real estate in a Member State other than their own.
  • date: 2009-02-20T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2009-82&language=EN title: A6-0082/2009
  • date: 2009-03-26T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=16792&l=en title: Results of vote in Parliament
  • date: 2009-03-26T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-192 title: T6-0192/2009 summary: The European Parliament adopted by 349 votes to 110, with 114 abstentions, a resolution on the impact of extensive urbanisation in Spain on individual rights of European citizens, on the environment and on the application of EU law, based upon petitions received. The resolution recalls that the Commission 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. Moreover, 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 which may therefore place the projects in contravention of the Water Framework Directive. Review of legislation and urbanisation plans : the Spanish Government is urged to hold a public debate, with the participation of all administrative bodies, that would involve a rigorous study through the setting-up of a working committee on urban development in Spain and that would make it possible to take legislative measures against speculation and unsustainable development. The resolution calls on the Government of Spain and of the regions concerned to carry out a thorough review and to revise all legislation affecting the rights of individual property owners as a result of massive urbanisation. In particular, it calls on the Spanish authorities to abolish all legal forms that encourage speculation, such as urbanisation agents. Moreover, Parliament considers that the competent regional authorities should suspend and review all new urbanisation plans which do not respect the strict criteria of environmental sustainability and social responsibility, and to halt and cancel all existing developments where criteria laid down in EU law have not been respected or applied. The Spanish authorities are also asked to ensure that no administrative act that would oblige a citizen to cede legitimately acquired private property finds its legal base in a law which has been adopted after the date of construction of the property in question. Judicial and administrative mechanisms : the resolution stresses that the competent national and regional authorities should establish functioning judicial and administrative mechanisms, in order to speed up redress and compensation for victims of urbanisation abuse who have suffered as a result of the application of the provisions of existing legislation. In this context, Parliament urges the competent authorities to guarantee a fair settlement for the many ongoing cases of EU citizens affected by non-completion of their houses as a result of the poor planning and coordination between institutions and construction companies. Parliament 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. Lack of transposition : it should also be added that the European Parliament expresses concern over the lack of correct transposition of the Directives on money laundering, which is currently the subject of Treaty infringement proceedings and which has limited the transparency and legal pursuit of the illicit circulation of financial capital including investments in certain large-scale urbanisation projects. Transparency and consultation process : according to the Parliament, persons who have bought property in Spain in good faith, only to find that the transaction has been declared illegal, should have the right to appropriate compensation through the Spanish courts. However, if private individuals who have bought property in Spain in the knowledge of the likely illegality of the transaction concerned can be obliged to bear the costs of their risk-taking, this must apply by analogy a fortiori to professionals in the field. MEPs call, once again, on local authorities to consult their citizens and involve them in urban development projects in order to encourage fair, transparent and sustainable urban development where this is necessary, in the interest of local communities and not in the sole interest of property developers, estate agents and other vested interests. They also call on the authorities responsible for urban development to extend development consultation processes to property-owners, with acknowledgement of receipt, whenever there are changes to the classification of their properties. Parliament believes, nevertheless, that the 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 EU citizen is the primary victim, but which has also caused the Spanish State to suffer significant loss. Information campaign : Lastly, Parliament once again calls on the Commission to initiate an information campaign directed at EU citizens buying real estate in a Member State other than their own.
  • date: 2009-03-26T00:00:00 type: End of procedure in Parliament body: EP
links
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  • body: EC dg: url: http://ec.europa.eu/dgs/environment/ title: Environment commissioner: DIMAS Stavros
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  • date: 2008-09-23T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP responsible: True committee: PETI date: 2008-09-10T00:00:00 committee_full: Petitions rapporteur: group: Verts/ALE name: AUKEN Margrete body: EP responsible: False committee_full: Regional Development committee: REGI
  • date: 2009-02-11T00:00:00 body: EP committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP responsible: True committee: PETI date: 2008-09-10T00:00:00 committee_full: Petitions rapporteur: group: Verts/ALE name: AUKEN Margrete body: EP responsible: False committee_full: Regional Development committee: REGI type: Vote in committee, 1st reading/single reading
  • date: 2009-02-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2009-82&language=EN type: Committee report tabled for plenary, single reading title: A6-0082/2009 body: EP type: Committee report tabled for plenary, single reading
  • date: 2009-03-26T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16792&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-192 type: Decision by Parliament, 1st reading/single reading title: T6-0192/2009 body: EP type: Results of vote in Parliament
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  • body: EP responsible: True committee: PETI date: 2008-09-10T00:00:00 committee_full: Petitions rapporteur: group: Verts/ALE name: AUKEN Margrete
  • body: EP responsible: False committee_full: Regional Development committee: REGI
links
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dossier_of_the_committee
PETI/6/66828
geographical_area
Spain
reference
2008/2248(INI)
title
Impact of extensive urbanisation in Spain on individual rights of European citizens, on the environment and on the application of EU law, based upon petitions received
legal_basis
stage_reached
Procedure completed
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Initiative
type
INI - Own-initiative procedure
subject