Partial unconstitutionality of Law 8/2013, of June 26, on urban rehabilitatio...

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Appeal filed based on a certain conflict of a jurisdictional nature raised before the Constitutional Court by the Generalitat of Catalonia on several precepts: the provision first transitional provision, the fifth section of the twelfth final provision and the eighteenth final provision) of Law , of June 26, on urban rehabilitation, regeneration and renewal (Law 8/2013), there has been an immediate effect on some of the provisions contained in the regulation of Royal Legislative Decree 7/2015, of October 30, which approves the Consolidated Text of the Land and Urban Rehabilitation Law that deserve a brief reflection. Basically, the consideration of the lack of coverage of the State's powers is urged or appealed, causing a violation of the regime of autonomous powers on the matters of urban planning, housing and the administrative procedure affected. Being the doctrine of the TC for the canon of prosecution that there are several jurisdictional titles, the specific one takes precedence over the more generic one .

The appeal has been resolved in a ruling through STC No. 143/2017, of December 14, 2017, which had a dissenting vote, and which differentiates, on the one hand, the sudden loss from the object of the appeal in light of the articles 5 and 13.2 b/ of Law 8/2013 and on the other hand declares the unconstitutionality and nullity of the following provisions: article 4.2.3.4 and 5; article 6, the first transitional provision and the eighteenth final provision of Law 8/2013 and which, due to its reproduction, extends to articles Canada Mobile Number List article 30, and the second and first final transitional provision TRLSRU/2015; article 9.2; and different paragraphs or subsections of article 10.1.2.5; letters a/, b/, c)/, d/ and e/ of article 11; article 12.1 a/ and c/; article ; article 13.3 and article 15.1 of Law 8/2013, which in turn extends to their equivalent paragraphs or subsections of TRLSUR/2015, as a reproduction of those: article of article 22.5; the second paragraph of article 24.1; article 24.2.3.6; article 42.2.3 and article.



except for the subsection "earth movements, excavations" and the subsection "and, in any case, when said logging is derived from the legislation for the protection of the public domain" of article 11.4 d/ of the TRLSRU/2015, as it is affected by the declaration of unconstitutionality of its equivalent article 9.8 a/ except for the subsection "earth movements, excavations" and the subsection "and, in any case, when said logging is derived from the legislation for the protection of the public domain » of article 9.8 d/ TRLS 2/2008, of June 20, in the wording given by the twelfth final provision of Law 8/2013, which means maintaining negative silence but not in a general way. In this way, it remains for cases to implement activities and uses on rural land whose urban transformation is not planned or permitted, construction and implementation of facilities and in the location of prefabricated houses and similar facilities; Negative silence is now not applicable in the case of subdivisions, segregations or other acts of division of properties on any type of land, when they are not part of a reparcelling project; nor before the felling of tree mass or shrubby vegetation, unless legislation for the protection of the public domain is applied.