Alert: Road Law Unconstitutionality Appeal

Admission for processing of the unconstitutionality appeal against a provision of Law 13/2018, of December 28, on public roads and hiking routes in Mallorca and Menorca.

The Plenary Session of the Constitutional Court, by ruling of May 7, 2019, has agreed to admit for processing the unconstitutionality appeal number 2056-2019, promoted by more than fifty Deputies of the Popular Parliamentary Group in the Congress of Deputies, against article 50.1 and 2 of Law 13/2018, of December 28, on public roads and hiking routes in Mallorca and Menorca.

The aforementioned article 50 of Law 13/2018 regulates the effects of special plans and hiking route projects, and provides that the approval of special plans or hiking route projects, when they obtain provisional approval, implies the declaration of public utility of the land necessary to execute them, as well as the works, facilities and services that have been specifically planned. This, without prejudice to the fact that, preferably, the availability of the land necessary to carry out the special plans or hiking route projects will derive from the alienation or voluntary transfer of the owners, through collaboration agreements, implementation of rights of way, purchase and sale contracts or other legally valid mechanisms.

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