Portal de Lorca
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The councilor of this formation, Gloria Martin, said that they remain firm in their fight because the Law must be obligatory for all, also for the Administrations.
And, with it in hand, the files of these neighbors must be closed
The councilors of Izquierda Unida-Verdes, Pedro Sosa and Gloria Martin, have agreed today with the Regional Government Development Advisor, Patricio Valverde, the holding of a technical meeting with jurists of the Autonomous Community, the City of Lorca and Izquierda Unida next April 11.
The purpose of this meeting, which will also be attended by the Mayor of Lorca, Fulgencio Gil, and Gloria Martín as mayor of IU and representative of the Platform affected by the return of aid from the 2011 earthquakes in Lorca, has object to clarify the validity of a hearing process sent to those affected in 2015, whose allegations were not taken into account by the Mixed Commission until the end of 2017, and which for the CARM interrupts the calculation of the prescription of the right of the Administration to claim the return of the aid.
For Martín, this is the last fringe that remains pending to give solution to those affected who have not been able to benefit from Law 8/2018 that makes the justification measures of the aid more flexible.
"We remain firm because we believe that the Law must be binding for all, also for the Administrations, and with it in hand, we are convinced that the files of these neighbors must be closed," said the mayor of IU.
More than fifty affected have met this morning as a protest at the door of Huerto Ruano where the regional government has held an extraordinary council.
"Everything we are achieving is thanks to citizen pressure, to neighbors who have come together to confront this terribly unfair situation," said Martín.
Those affected will again stockpile patience and goodwill and wait to see what happens on the 11th. If the CARM continues "without giving its arm to twist" and intends to make them pay for an administrative procedure that has been "chaotic and untimely" , have decided to return to lock themselves in the City council that same afternoon, noticed Martin.
has requested Fulgencio Gil (PP) to assert his status as Mayor to convene an extraordinary plenary session to resolve the problems that are being generated for the application of the prescription criteria in the case of the return of earthquake aid from 2011.
Martín has appealed to the sensibility of Gil aware that Izquierda Unida does not have the number of councilors enough to make effective this call for Plenary.
The mayor of IU-V explained that the Plenary would serve to request the City Council's legal advice on the expiration of a hearing process sent to those affected in 2015 and that for the CARM interrupts the computation of the prescription.
Martín explained that these hearing procedures were not part of the formal procedure to demand reinstatement, so they do not interrupt this prescription, as the Jurispridencia endorses.
But it is also that the allegations raised by those affected in 2015 to these hearing procedures were not taken into consideration by the Mixed Commission until the end of 2017. "The Administration has deadlines to complete the procedures initiated ex officio -12 months- and if it does not comply, they are expired, they are non-existent and, therefore, they are deprived of effects, "he said.
To which he added that "those affected have no fault that the Joint Commission took two years to meet to address their allegations."
If said extraordinary meeting is held, the intention of IU is also that the Corporation again request the Government of Spain to waive the late payment interest of the state part of the aid.
"The Executive of Pedro Sánchez, who continues to rule by decree, can still do it, it is only a matter of political will."
In that sense, Martin asked for protection to the new Delegate of the Government in the Region, Francisco Jiménez, of whom he said he had "a high concept", so that he could transfer this request from the victims to Moncloa.
In the Plenary, the corresponding body would also be asked to exempt from the payment of the surcharges imposed by the Tax Agency of the Region of Murcia to those affected to whom a request for recovery has been sent for the reimbursement of the aid.
Gloria Martín recalled that the tax administration has issued an order for enforcement of disputed settlements in the administrative channel, and in respect of which the suspension of execution was requested as a precautionary measure due to the existence of damages impossible or difficult to repair for the victims.
However, without the General Directorate of Planning, Architecture and Housing of the Ministry of Development and Infrastructure of the Region of Murcia has ruled on the remedies of reinstatement and requests for suspension raised, has given order to the Treasury for this proceed to the collection of the aid by executive means.
For Martin, this violates articles 9, 24.1 and 106.1 of the Constitution, contravenes legal security, the right to effective judicial protection and the prohibition of defenselessness, as well as the submission of administrative activity to the control of legality.
And, in any case, Martin demanded that the return of the aid in cases that can not be justified and that have not prescribed "does not become a conviction for those affected, with the application of interest and surcharges that increase up to 40 % the amount initially granted. "
"The Administration can not make cash with the tragedy suffered by the Lorca because they themselves did not explain with sufficient clarity the obligations contracted by the beneficiaries when accepting the subsidies," he explained.
"There are people affected who can not cope with this bleeding that commits more than half of their salary or pension, some have even taken the money from the piggy bank they had prepared to pay for their children's university," he concluded.
Source: IU-verdes Lorca
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