The TC believes that the government has taken over the powers of the Joint Encamp only with regard to permanent landfills is not contiguous to the site
Posted by Manuel Casal | Section Juris. administrative , Decisions
The Constitutional Court ruling dated 08/06/09, speaker C. Incubator provides that the work done by the Government in monitoring the declaration of public airline's 225 kV between the French border and Pas de la Casa, and 225 kV underground line between the Step House and Grau Roig with the necessary rights to build the site and disposal services parallel to Envalira Tunnel, through which pass a section of the 225kV line, agreed by the General Council dated 3 / 10 / 08, has infringed competition Joint Encamp on the environment recognized by Article 4.10.e Act powers described in the specification of Commons made under Article 35.1 of the Law on waste, even on those landfills a permanent and not contiguous to the site under construction, and discharges of suspended material unless permission is obtained from the common understanding that in Article 35.1 of the Act does not contemplate the possible existence waste landfill that require prior authorization from the affected joint, possibly to preserve a common participation in all types of discharges are located in its place, but understands that the competition authority, as all powers shall be exercised to According to the principle of institutional loyalty that must be exercised with the aim not only not prevented, but to allow and, indeed, to encourage the exercise of the powers of other public bodies. Understand also that the fact that all landfill requires prior authorization under the Common Article 35.1 of the Law on waste, not to say that any deposit inert waste is a landfill or have to become a landfill and requires, therefore, such authorization, which determines that such authorization is required for deposits of material produced for the execution of certain works, if the deposit has a very limited temporary nature and is designed as a prelude required to make the move permanent in other places. Nor is the authorization required when deposits of inert waste arising from the performance of works taking place on land adjacent to the work done and meet in order to achieve the integration of environmental and landscape work and ensure their safety.
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