this government, autonomous communities energy-saving approved by the Council of Ministers this Monday and, if necessary, judicial proceedings it deems appropriate if they do not act right or oppose.
This is explained by the legal sources Efe consulted. autonomous communities, like any public or private organizationare subject to compliance with the law, unless their activity is suspended by an objection to unconstitutionality..
The so-called ‘Shock Plan for energy saving and management in air conditioning’, which will come into effect next week and which, among other measures, provides for the adjustment of thermostats in administrative buildings, commercial and cultural spaces, train and bus stations and airports, was the subject of criticism by the PP before it was approved.
Became president of the more blunt Community of MadridD, Isabel Diaz Ayuso‘Madrid is not shutting down’ warned via social networksbecause “it creates insecurity, it scares tourism and consumption. It causes darkness, poverty, sadness.”
“(Pedro) Sánchez says: Spain is shutting down until my election campaign starts to stand in solidarity with the ‘EU’. The answer is NO: reduce unnecessary spending by 20,000 million from 22 ministries.”
While in the last hours the Madrid government has toned down by agreeing to abide by the royal decree if they have no other choice, Enrique Ossorio, vice-president of the Community of Madrid, suggested they would continue to work if they applied. Authority shock to the Constitutional Court!
A position sponsored by the Madrid Business Confederation (CEIM). It rejects the central Executive’s “impositions” in terms of energy efficiency because of the “lack of strategy and coordination with the affected and autonomous communities”..
Pre-objection requirements
According to Ramón, Fieldfisher Spain’s Public and Regulatory Law partner, the powers to implement the provisions of the Royal decree are attributed to the autonomous communities that undertake them. Vazquez del Rey.
In this area, no measures are envisaged – in principle – that would enable the Government to impose sanctions on a community that opposes the practice.
However, through their legal services, “may comply with requirements that it deems inconsistent and, where appropriate, take legal action before the contentious-administrative jurisdiction. it deems appropriate because of its opposition or inaction”.
According to the Law Regulating Contested-Administrative Jurisdiction, the authority of a public administration to request the repeal of a provision, annulment or annulment of a transaction, suspension or change of a transaction before raising such an objection against another administration must be prioritized. or, as in this case, to start an activity for which he is obligated.
You must apply to the competent body with a reasoned document stating the verdict, action, action or inaction within two months from the publication of the rule or the relevant Administration becoming aware of the irregularity.
If the request is not answered by the requested Administration within one month from the date it is received, the request will be deemed to be rejected.
Sanctions against organizations
Although some agencies, such as the hotel industry, have expressed their agreement to the savings plan, some businesses and public spaces remain skeptical about having to adjust the temperature of their air conditioning systems so that they don’t drop below 27. It does not exceed 19 degrees in summer and 19 degrees in winter.
The same doubts arise with the necessity to keep the doors closed while the heating or air conditioning is running.An initiative that energy experts like Selectra value positively, because the opposite would be a “scandalous waste.”
At a press conference after the last Cabinet, Teresa Ribera, the third vice president and Minister of Ecological Transformation, suggested that any violation of new energy measures by organizations would set in motion the sanction regime envisaged in the regulation of thermal facilities. building and lighting code.
Both sources refer to the Industrial Code of 1992, which, after thirty years of validity, is now in the process of being updated to adapt it to the needs of the industry, which sets different types of sanctions depending on the severity of the violation committed.
“The range is very wide, because they can reach 60,000 euros for minor violations and 100 million euros for very serious violations,” says Vázquez del Rey.
Of course, “the latter only applies if, for example, he refuses to cooperate with the supervisory authorities or if there is a serious risk or harm to people, flora, fauna, objects or the environment, which does not seem to be the case.
But are they easy to implement? “When a sanction is imposed, the legal system provides the enforcing Administration with the means to enforce the sanction, such as following the sanction procedure against the offender.“, Add.
However, another different question is “the challenge or the means available to the competent Authority to detect alleged violations through relevant audit procedures or previous actions”.