The Superior Court of Justice of the Valencian Community has agreed to deal with a contentious administrative appeal against the president of the Generalitat, Carlos Mazón, and the Valencian Security and Emergency Agency for “inactivity” during the prevention and management of the DANA disaster in Valencia.
In a decree dated November 7 to which ABC had access, the Fourth Section of the Contentious-Administrative Chamber accepts the request of the Valencian lawyer Curro Nicolau and requests that the administrative files corresponding to the decisions of the regional government of October 29.
Furthermore, the court requests that a letter be sent to the defendant Administration so that it can appear in the case within nine days. An appeal for reconsideration may be filed against this resolution within five days.
As this newspaper reports, Nicolau claims that the Valencian executive did not act – according to him – as required by law and, for example, he did not receive the emergency alert on his cell phone. until 8:30 p.m. on October 29. He considers that the Generalitat “did not inform the population correctly and with sufficient time to minimize the possible devastating effects of the massive increase in flows and leaks from the Magro and Rambla del Poyo rivers, as well as their overflows and floods “.
The same lawyer – who already took the Ximo Puig executive to court during the coronavirus crisis – also filed a contentious-administrative appeal before the Supreme Court “for inactivity of the Spanish government in the management of the DANA disaster in Spain” . A complaint accompanied by photos taken in certain Valencian municipalities showing the damage caused by the floods. According to him, the intervention of the armed forces and the state security bodies and forces in a sufficient manner.
In the legal field, he assures that President Pedro Sánchez and the Minister of the Interior, Fernando Grande-Marlaska, “have violated the provisions of article 29.3 of Law 50/1997 of November 27 of the Government, article 6.2 of Organic Law 5/2005 of November 17 on National Defense, and articles 5 and 34 of Law 17/2015 of July 9 on National Defense national civil protection system, in accordance with the provisions of article 25.2 of Law 29/1998 of July 13, regulating the Contentious-Administrative Jurisdiction (LJCA)”.
Likewise, he emphasizes that the government “did not activate” the state of alarm and that “fundamental rights” such as free movement were restricted by the Generalitat.
