MEP DIANA WALLIS RESPONSE TO MY OPEN LETTER ABOUT HUMAN RIGHTS VIOLATIONS!

Dear Mr Melho Castro,

 

Thank you for your email. Diana shares your thoughts about the inappropriateness of a 'property roadshow' taking place when so many Spanish residents are finding their homes under threat.

 

Perhaps I can link you to an article covering the event last week which Diana has contributed to http://www.bloomberg.com/news/2011-05-03/spain-s-thousands-of-illegal-homes-sour-development-minister-s-sales-pitch.html

 

Diana is involved in the Ley de Costas issue in a number of other ways.

A Written Declaration on protection of property on the Costa Brava, under threat from the Ley de Costas, was recently tabled. Diana signed this Written Declaration, and it is an issue which she has taken up in a number of different ways.

She is a member of the Petitions Committee in the European Parliament, where the Ley de Costas problems have often been discussed, and from which the Auken report emerged. The Auken report presses for the Charter of Fundamental Rights, including the Article on the right to enjoyment of property, to be applied across the EU. However it is right to say that there are problems with this interpretation. The opinion of the Legal Affairs Committee, and of the Commission, is that the Charter of Fundamental Rights only applies in terms of the powers of the EU to enforce or intervene in relation to the application of EU law only, not domestic laws such as the Ley de Costas.

However, of relevance to domestic law in Spain is the European Convention on Human Rights, which the Spanish government, as a member of the Council of Europe signed up to independently. A number of the Convention's Articles could prove relevant in Ley de Costas cases, such as the right to property, and right to be free from retrospective punishment for crimes. When enacting and enforcing its own laws; where Spain has been shown to have been in breach of the Convention, action can be taken in the Strasbourg Court. Unfortunately such a course of action takes many years and adequate financial resources, such cases as have gone all the way to date have been either inconclusive or actually found in favour of the Spanish government. There is at least one in the pipeline which we are aware of which should be successful and may have wider implications, but again this will take time. This conclusion is clearly unsatisfactory for those who are having their homes placed under threat in countries such as Spain. Diana would like to press for new developments in the area of citizens' rights, to ensure that gross violations such as those happening under the Ley de Costas, are no longer an occurrence within the European Union.

Another action the Liberal Democrats have pushed for in the past, and may support again in the future, is an amendment to the EU budget, making Regional Development funds in Spain, dependant on the Spanish authorities recognising the fundamental rights of Spanish residents. Last time we tabled such an amendment it was voted down in plenary. This may be a move we campaign for again.

The most recent development which you should be aware of is the Petitions Committee hearing taking place on the 24th of May. This will focus largely on property rights issues in Spain. If you are unable to attend, you should be able to watch coverage of the debate on the European Parliament website.

 

Diana is also looking at the issue of property rights in Europe in more detail this year. Keep in touch for any developments on our work.

 

Kind regards

 

 

Sam Kynman