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IU-Greens requests the cessation of the Ministry of Public Works for failing to comply with the criterion on the prescription of earthquake aid (21/05/2019)

Gloria Martin has reported that two appeals have already been filed with the Contentious-Administrative Chamber of the Superior Court of Justice to defend those affected by the return of aid for earthquakes.

It has also reported that Fomento is applying two different criteria when applying the prescription

The councilor of Izquierda Unida-Verdes and number two for this training to the municipal elections of next May 26, Gloria Martin, has announced the submission of two appeals before the Chamber of Contentious-Administrative of the Superior Court of Justice of Murcia against acts of the General Directorate of Planning, Architecture and Housing of the Ministry of Development and Infrastructure of the Region of Murcia, related to the procedure of demand for the return of aid granted to victims of earthquakes in 2011 for the repair of their homes .

The lawyer of the affected platform, Joaquín Dólera, has also challenged the orders of urgency issued by the Treasury Department, since they were issued without having responded to the appeals filed by those affected, as required by law.

The legal representation of those affected will be borne by the City of Lorca according to the commitment expressed by the Mayor of Lorca, Fulgencio Gil.

In this regard, Martin regretted that Fomento has been primed with families who have left in a "dire" economic situation, so they can not even face the defense of their rights through Justice.

Therefore, these two cases will serve as "advance" in the hope that the judgments are favorable to those affected and, with them in hand, Fomento "between reason," said the mayor of IU-Greens.

Martín has also revealed a serious incongruity that has to do with the application of the computation for the prescription of the right of the Administrations to claim the return of the aid to those affected.

In that sense, it has shown two different resolutions applied to similar cases.

In the first one, signed by the General Director of Territorial Planning, Architecture and Housing, José Antonio Fernández Lladó, proceeds to the declaration of the prescription by applying the criteria defended by both the platform and the State Bar, as for the legal services of the Lorca City Council and the autonomous community itself.

However, regarding the second of the files, in order signed by the Secretary of the Ministry of Public Works, Yolanda Muñoz, the prescription request is rejected because a different criterion is applied.

In both cases, Fernández Lladó and Muñoz act by delegation of the Minister of Development, Patricio Valverde.

"How is it possible for an affected person to be affected by what the rules and jurisprudence say and another one to be computed 12 full months before applying the prescription without taking into account the exact moment in which he carried out the works?", Martin asked himself.

In this regard, Martín has pointed out that Yolanda Muñoz has lied to those affected since she publicly promised to respect what the legal services consulted on this matter had.

For this reason, Gloria Martín has asked for his "fulminating cessation" since Muñoz refuses to apply the doctrine of the courts and what is contemplated in article 10.3 of Decree 68/2011 that establishes that the justification for compliance with the purpose for which granted the aid, it would be carried out within six months of the completion of the works, at which point, the four years for the prescription determined by the Subsidies Law would start to run.

Gloria Martín regretted that Muñoz is compromising the good name of the Minister of Development, Patricio Valverde, who also pledged his word, and who said he has always seemed a person "sincere" and "sensitive" to the problems of those affected.

However, "or Valverde deceived us, or this lady is making her coat a coat and is shown as someone unruly and rebellious to comply with the law, so it must be removed from their duties immediately," Martin concluded.

Source: IU-verdes Lorca

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