The regional secretary of the Vice Presidency and Department of Equality and counselor of the Port Authority of Valencia (APV), Jorge Iván Castañón (of Compromís), has filed an appeal for reinstatement before the PAV itself in which he requests the annulment and the precautionary suspension of the agreement on the northern expansion of the Port of Valencia.
The appeal, to which EFE has had access, warns that "we have the approval of the construction project for the container dock of the northern expansion of the port of Valencia on December 2, pending the resolution of precautionary measures the ministerial resolution linked".
Castañón thus refers to the order of December 5, 2022 of the Administrative Litigation Chamber of the Superior Court of Justice of Madrid for precautionary measures to suspend the ministerial resolution that affects the expansion of the Port of Valencia, due to the non-existence of the procedure due to carry out the modification in the Environmental Impact Statement.
Said order also agreed to the suspension until a final judgment is handed down that puts an end to the process or that it has ended for any other of the reasons provided for in the law.
"If the execution of an act on which the Administration knew that a request for precautionary measure was pending before the Judge or Court of Administrative Litigation is agreed, such proceeding is null and void," it warns.
In the same way, it points out the need to comply with the conditions of the "compatibility report with the marine strategy of the Levantine-Balearic demarcation in relation to the activities included in the construction project of the container dock of the northern expansion of the port of Valencia " stipulated by the Ministry of Ecological Transition and the Demographic Challenge.
Said report establishes a total of 21 measures or conditions that "must be carried out so that the action is fully compatible with the content of the marine strategy".
"A large part of these measures, necessary prior to the execution of the project, are not included in the project approved by the Agreement of December 2, 2022, so it cannot be considered adapted to the provisions of the Ministry Report , not being able to understand in such a case as favorable, since it conditions said favorable resolution to the fulfillment of all these exposed conditions", it adds.
It considers for all of this that the declaration of the precautionary suspension in administrative proceedings is of interest in accordance with art. 117 of Law 39/2015, of October 1," since we are facing a project with consequences that are clearly difficult or impossible to repair."
The regional secretary requests that the Agreement of the Governing Council of the Port Authority of Valencia adopted on December 2, 2022 and made public in the BOE on December 9, 2022 be declared invalid, and that the precautionary suspension be also agreed of the contested agreement.