Barely a month after the EU Reload harshly against "massive urban" Spanish on a report prepared by the MEP Margrete Auken (Greens) on the construction in Spain, the Legal Affairs Committee of the European Parliament (EP) has concerns about several aspects of this legal document. The agency has asked to re-examine the text and PP and PSOE, who opposed from the beginning to the report, have announced that they will propose alternatives.
so, has conveyed its chairman, the Italian Giuseppe Gargani (EPP), Marcin Libicki, his counterpart from the Petitions Committee, which approved the Auken report on February 11, with opposition from MEPs Spanish PP and PSOE.
a letter Gargani said that the text contains several errors regarding the scope and application of national laws that might lead readers to erroneously interpret the role the EU can play in cases of this type. The letter points out that for the EU institutions can act against a Member State for an alleged violation of fundamental rights, the violation must occur in areas of Europe.
"The mere fact that some persons were allegedly injured by a violation of fundamental rights (...) have exercised their rights to free movement and establishment is not sufficient to bring the matter before the Community courts," says . Thus, the Legal Affairs Committee believes that the Auken report does not show a connection between possible violations of property rights of citizens and the European law.
Gargani emphasizes that any possible violation of Spanish law should be dealt with by national courts
Problems relating to property rights are one of the key parts of the document prepared by the Committee on Petitions from citizens' complaints. Gargani, citing case law of the European Justice, stressed that any possible violation of Spanish law with regard to the sale of real estate transactions must be handled by the competent national tribunals and, as a last resort, it could reach the European Court of Human Rights.
Legal opinion on the Auken report, adopted unanimously by the committee last February, calls on the Committee on Petitions to reconsider the issue in the light of their findings. The final vote in the full report is scheduled for late March.
text, that is opposed by delegations Spanish PSOE and the PP, harshly criticized the "massive urbanization in Spain and suggested suspending EU aid to the country where the problems are not rectified. After his main amendments were not accepted by the Petitions Committee, the two parties have announced that they will propose alternatives to the Auken report for its final vote.

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