The Ministry for Ecological Transition and the Demographic Challenge (MITECO) has urged the High Court of Justice of Andalusia (TSJA) to require the Carboneras City Council to convene an extraordinary plenary session within a maximum of 72 hours. The objective is to definitively resolve the review of the construction license granted in 2003 to the El Algarrobico hotel and declare its nullity. This request follows the council's decision to postpone the vote scheduled for June 17.
The request, filed by the State Attorney's Office on behalf of the Ministry, comes after the municipal plenary session decided to table the matter instead of proceeding to a vote. MITECO has also asked the TSJA to demand the council submit the minutes of the June 17 session within 48 hours.
In its filing, the Ministry warns the municipal corporation that failure to comply with these requirements could lead to the application of measures outlined in Article 112 of the Law on Contentious-Administrative Jurisdiction (LJCA). These measures include imposing coercive fines on responsible authorities or officials and potentially demanding criminal liability.
Furthermore, MITECO requests the identification of those responsible for attending to judicial requirements, otherwise assuming that responsibility would fall upon the municipal secretary and the mayor of Carboneras. As a last resort, the TSJA is asked to order the subsidiary execution of the ruling if the council fails to comply.
The Ministry's decision comes after the extraordinary plenary session on June 17 concluded without approving the formal declaration of nullity for the urban planning license granted to promoter Azata del Sol. The initiative was withdrawn before debate, following a proposal to postpone its processing, citing legal complexity and the need for additional reports on potential economic consequences and the role of other administrations.
“"The hotel located in the El Algarrobico area, on the coast of Carboneras (Almería), "is going to be demolished," and I have "no doubt" about it, because "it is a decision that has been more than made."
The deputy spokesperson for PSOE-A in the Andalusian Parliament, Ángeles Férriz, has reaffirmed that the El Algarrobico hotel "is going to be demolished," calling the decision "more than made." She emphasized the PSOE's demand for an urgent plenary session at the Carboneras City Council to annul the license. Férriz also addressed the disciplinary proceedings initiated by the federal PSOE leadership against five socialist councilors from Carboneras for acting against party directives regarding the hotel's demolition, stating they will need to explain themselves in an internal process.
