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Sunday, Mar 16, 2025

Barcelona City Council Calls for Resolution of Green Axis Legal Dispute

Barcelona City Council Calls for Resolution of Green Axis Legal Dispute

Following a judicial setback, the city seeks dialogue with stakeholders over the Consell de Cent reform.
The Barcelona City Council has called for a resolution to the ongoing legal conflict regarding the green axis on Consell de Cent, following a ruling from the Superior Court of Justice of Catalonia (TSJC) that rejected the Council's appeal.

This latest ruling affirmed a previous decision that overturned a municipal agreement from May 2022, which had approved the urban reform of the street.

The TSJC ruling criticized the previous administration of Ada Colau, stating that it failed to adhere to the appropriate procedures.

The court determined that a modification of the Metropolitan General Plan (PGM) should have been undertaken, as the changes applied to the street constituted a significant urban reform rather than a mere ordinary renovation.

The judges asserted that "the Ayuntamiento did not employ the suitable channels" to alter the street's functionality, concluding that the contested agreements are "null and void in full right."

In response, the Barcelona City Council announced plans to present a cassation appeal to the Supreme Court, noting that not all judicial decisions have aligned uniformly.

The legal conflict has persisted for several years, with multiple lawsuits filed across various courts challenging the procedures followed by the Council during the different phases of the Consell de Cent reform.

Of the total court rulings, five have been unfavorable to the Council, with only one ruling in its favor.

In some instances, courts have directed local authorities to return the street to its pre-reform state, a challenging directive given that the construction work has been completed.

The City Council is also referencing a ruling that was favorable to its position, as well as a dissenting opinion from the latest TSJC ruling, to assert that, although improvements and dialogue with local businesses could have been enhanced, the reform was vital for increasing green spaces for pedestrians and promoting sustainable mobility.

Municipal sources indicate, "From the recent sentences regarding the green axes, one was favorable and confirmed that the appropriate procedures were followed.

In fact, in this TSJC ruling, a dissenting vote from a magistrate supports the City Council's argument that the construction has not altered the functionality of the streets, meaning a modification of the PGM was not necessary."

The City Council also noted that the differing legal opinions underscore the need to proceed with the "de-judicialization of the conflict" surrounding green axes that arguably should never have entered the judicial realm.

However, the current municipal government has criticized the Colau administration for implementing the project without adequate social support.

They stated, "Had there been a collaborative approach, taking into account concerns and disagreements regarding the green axes, we might not have arrived at this point.

This ruling, like previous ones, provides an opportunity to de-judicialize the green axes and to pursue a different methodology."

The administration of Jaume Collboni indicated it will continue with urban peace initiatives but emphasized that it will first engage in listening, sharing, and reaching agreements with stakeholders.

"In the current context, the city needs more green areas and pedestrian spaces, and we cannot afford for urban transformations to escalate into judicial conflicts," they added.
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