Portal de Cartagena

www.portaldecartagena.com

• Home
• Business
• Hotels
• Restaurants
• News
• Advertisement

Judgment No 5037/2015 of 23 November 2015, the Supreme Court dismisses the action brought by the Canary Islands, following the judgment of the Superior Court of the Canary Islands in the administrative appeal brought against the agreement of the City of Santa Cruz de la Palma, which finally approved the modification of the Fiscal Ordinance regulating the fee for provision of drinking water for 2012.

The opinion concludes that "the consideration that meets the user service water supply should be classified as taxes, regardless of the mode of management servery."

"Even in cases where the service is managed by a public body acting under private law, public entities -the Business Administration-through municipal corporations or by a dealer, which required citizens have the qualification rate not private price or fee. the way service management does not affect the nature of the benefit, provided their ownership remains public, as in the cases of concession. "

Thus, the Supreme Court determined that the water tariff is a tax, as has always defended MC and the current mayor of Cartagena, Jose Lopez.

Remember that the May 24, 2012, the Superior Court of Justice of Murcia admitted admissible on (still unresolved) administrative appeal filed by the then Councillor MC spokesman, Jose Lopez, against order of the Ministry of Universities, Business and Research, March 5, 2012, by the new tariffs of drinking water in Cartagena were authorized on a proposal from Aquagest (now Hidrogea).

This was approved with the complicity of the City of Cartagena and the Ministry, both governed by the Popular Party.

In September 2012, López * said the water service was more expensive by 60% since 1992. In relation to the intervening cause, argued that "this was a coordinated action against the way in which we are required to citizens the consideration for the supply of drinking water in our city (private cost, and we charge no fee. "José López recalled that it is" the administration, in this case the local, who has the obligation to manage this supply either directly, indirect, whilst ensuring our right to access, and as required by law impacting the cost of service. "

Continued arguing that "the nature of water as essential for humans, coupled with the fact that there is a monopoly on such supplies, supposed to citizens we must demand the consideration to which we referred in the form of a tribute , namely a rate "as opposed to the application of private money.

José López argued that "the procedure for setting a fee, subject to legal reserve would require both a public exhibition of 30 days, so that citizens are aware of the proposed revisions and to make submissions and approval in the City Council, with the presence and participation of all political groups, to finally adopt a Fiscal Ordinance. "

Remember the current mayor of Cartagena upheld the procedure carried out by the new pricing Aquagest, based on an explanation of "just over five folios of the Board of Local Government, approving the proposal of the concessionaire, as did the Ministry, without raising any objection and without giving transfer to the citizens nor the other parties ".

The mayor of MC warned of the economic consequences that this fact would lead to citizens.

This content, which is identical to that put forward in the aforementioned judgment of the Supreme Court, so that the legal services have already made precise MC judicial proceeding in the Superior Court of Justice of Murcia the documentation, that the judgment has yet to issued collect the jurisprudence of the Supreme and, thus, to apply to the tariff review conducted in 2012, without prejudice to the effects that the current municipal government implemented later.

The Supreme Court delves into the reasons given by Lopez to defend in 2012 from the opposition today from their responsibility as mayor / president, the rights of the residents of Cartagena, demonstrating its unwavering commitment as a public servant, regardless of the position played.

Source: Movimiento Ciudadano