Supreme Court upholds Palma City Council’s ban on hiring tourists

This Tourist rental ban in Palma apartmentsaccepted 2018 by the then mayor Antonio Noguera and causing worldwide turmoil, fully supported by the decision. Sublime. The disputed chamber of the supreme court not only upheld the veto, but also overturned the previous statement of the Balearic Islands Supreme Court. The decision also includes colleagues in Palma “development of any economic activity in any property” and, in a more embarrassing area, the disregard of the provisions of the Tourism Act passed in 2012 by the popular Government of José Ramón Bauzá.

Urban congestion and price increase, to cut with veto on tourist rentals in apartments, A measure that will be extended to the ground floors as long as it saves the PSOE’s opposition. This radical measure put Noguera on the cover of the magazine. New York Timesbut soon the Supreme Court’s coup would come at his request. the protector Habtur who also filed a lawsuit against the mayor with an article with intense political content.

Decision made in Palma Gabriel Fiol, Fernando Socias and Alicia Ortuño did not avoid any disqualifications Too “cut” adopted by Cortin the implementation of its responsibilities regarding the development of the city. The Attorney General denounced the decision as unnecessary, disproportionate, ineffective and unproductive.

The Supreme does not allow himself to be infected by the drama that the High Priest treads with his contempt for the most ambitious measure of a leftist order. Rather, Madrid considers Cort’s appeal. “It is questioned whether the corrective town hall is commensurate with the entire city becoming a tourist accommodation. This appears to have emerged from the Attorney General’s decision, and this conclusion cannot be shared or endorsed by this court.

Yüce has been more sensitive than Baş to the problems of saturation and housing crisis in the Balearic Islands. Specifically, Cort’s “tourist pressure” society is exposed to and “increase in housing prices” On the contrary, the Balearic court was unaware of a city in Spain with a shortage of apartments and where rents were the most expensive.

The astonishment or stupefaction of the Supreme focuses on the elimination of the minimal, with the support of the Master. tourist charter regulation. In half a dozen cases, he blames the lower court for allowing his sentence. «development of any economic activity in any property». In other words, “sentence” canceled “He would come to declare all houses in Palma suitable for developing tourism activity”.

The Supreme Court refutes the Attorney General’s argument, which does not accept a distinction between hotel operations on an industrial or family scale. Balearic court, the inconvenience caused by the movement of passengers “related to tourist activities in general, including hotel businesses”. In other words, turning “all of Palma” into a gigantic hotel is equivalent to having hotels scattered across the city. The connection is that a city with an iron and steel industry should allow home foundries.

The Supreme Court states that it is surprised by another contradiction of the suspended sentence. after detailing PP Tourism Law, He is surprised that Üstün “hasn’t drawn any conclusions from this norm,” but adds: “She’s talking about him.” According to Bauzá’s stellar legal text, Cort would have reverted to the phrase that definitively prohibits short-term rentals in multi-family homes if Cort had not used his power in time to reconstruct the city. The Supreme Court therefore points out to the Master that the annulment of zoning entails the same veto effect that it “unnecessarily and disproportionately” sought to avoid.

Sublime finishes his song “right to shelter” with a series of previous remarks from the chamber, which it is clear that he would want to see it taken into account by the subordinate body. Actually after talking about the weight decisions “General interest” in the field of housing, he concludes, “nothing else needs to be added to this sentence.” In addition, the Court of Justice of the European Union is also mentioned. “Pre-authorization in municipalities where the tension on rents is particularly evident”.

Despite the fluctuations in the courts, It was already illegal to rent apartments in Palma, thanks to a moratorium issued by Parliament. The Supreme Court’s resounding decision will not prevent wheeled suitcases from rolling across floors in all of Palma’s neighborhoods with impunity, as the Pacto de Progreso has been “absolute” in its ban as well as inadequate in enforcing the rule.

The divorce between the Supreme and the Supreme is reissued exactly at the same time that the Government is ruled out of sanction power. Airbnbto broker rentals of fake houses to tourists unless they are registered ministry. Both examples pardoned the three-hundred thousand-euro fine imposed on the multinational.

Source: Informacion


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