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THE ARCHITECTS OF SEVILLE DELIVERS ON THE LIBRARY

reproduce the important and illuminating pronouncement of the Official College of Architects of Seville (COAS) on implanting the alleged university library in the Prado de San Sebastian de Sevilla.

SEVILLA, 30 Jun. (EUROPA PRESS) - The Official College of Architects of Seville (COAS) today released a report on the implementation of the new library at the University of Sevilla (U.S.) in the Prado de San Sebastian, where "technically and legally is shelled the deficiencies and alterations have been made in the implementation of the library. " The reason for this report is the statement of June 4, Superior Court of Justice of Andalusia (TSJA), which he described as "very solid", which freezes the construction of the library. Speaking to reporters, the dean of the College of Architects, Angel Díaz del Río, said "Riaño Diego Avenue has a playground well-wrought, and the city has adopted "He noted that the Prado de San Sebastian" is part of the Historic city of Seville. "Thus, according to the report, the implementation of the Library attended by two types of principal circumstances. On the one hand, the alteration of the use of a General System of Free Space. In Andalusia, and according to Article 36 of the LOUA, provides that "any innovation that soil desfecte bound to parks and gardens should contemplate the compensation to maintain the proportion and quality of the allocations with respect to use and it will be necessary to justify the requirement for a destination for that purpose. "The report states that at the Prado de San Sebastian, "nor has qualified land for new gardens or use has decreased, but on the contrary, has a strikingly increased." In this regard, the dean claimed that "the General System of Open Spaces can not alter the use of the parks because they are part of the city, and one of the most structural of them." "The Prado has created a landscape and it is logical to keep it," he added. In addition, the report refers to the Prado de San Sebastian is a piece included in the Historic Seville and that it has some characteristics derived from its origin as "community space, public use and not buildable." "Building library results in the alteration of an item within the scope of the Historic, which is intended to be protected like any other building, "said Diaz del Rio. On the other hand, the COAS in this report refers to altering the" essence historical "unit space for public use Prado de San Sebastian, entering buildings and uses proprietary, although their fate is a public facility," contradicts what the Memory Management of Urban Management Plan (Plan) mentioned on free space and its contribution to the structuring and recognition of the city. "Finally, this report suggests that sustainability" is not must remain in a statement in the planning, but the management that sets it has to be allocated to their achievement and greater protection and improved quality of life referred to in Article 45.2 of the Constitution.

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Where are the Seville?

Our dear friend Rosa Maria Guallart, Alamillo Park Association of Friends, has written to the media the following letter which I reproduce below. is entitled "Where are the Seville? :

"In the demonstrations I have heard" that you want my vote, if I hear " this is what has become politics and our democracy, a growing number of politicians sucking the boat, filling their pockets by plugging family and cronies and occupying the time reporters to transcribe their "bullshit" if we analyze what no studies say any better and it would not raw nor worth knowing, is prima stomachs getting started, and favors paying citizens who will be given.
Mr, mayor of Seville has committed to completing the destruction and seize the public park public space Prado gradually going to get despite the ruling of the Court of Justice of Andalusia I should have produced the stop of the works, but .... Go! or the Mayor, and the rector are the work of compliance. A good example for citizens. Yes, sir!
They boast that there are four citizens who are against it, and only are the locals of the Prado, which may apparently seem right, but not, residents of Prado are supported by most platforms citizens who make up the Platform for the Defence of the Parks of Sevilla and most people who attend these events and meetings are backed by all its members apart from the people who attended a personal capacity.
However, in this city, where are the Seville? such that both protest in any space and when the truth are not able to lift a finger to enforce their rights, that our politicians take advantage of the mackerel that we citizens, our only strength is in our voice , but in a voice of unity and solidarity.
is anecdotal, one of the demonstration in defense of the park's Prado a considerable number of people who were there were the citizens of Seville but from other regions and provinces, and these people (who feel genuine love for this city) we say, Where are the Sevillanos?, I know that there are many against This project Where are they?
not you forget that many of the claims that the city should not only affect us. Affect our children and grandchildren and it is our obligation to protect their interests even more than for ours. We all happened, but our good and bad people will be affected and should reflect our descendants, perhaps they do not come to be part of the status of grateful people and one day have to reproach our attitude
remember that none are against building whatever your destination, but its location is not only inappropriate, it also sets a precedent mutilating a park. What next? And severe defies a court order for a ruler
Where is the opposition? I think they have much to do and say on this topic
June 29, Monday at 20.30 hours and inside the park are called citizens, please! Of you who are in favor of the park.
taught me that in a democracy the power vested in the people, but people united in solidarity, united vindicate Guallart Laguarta
Rosa María - Sevilla "

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CLAIMS LIBRARY: WHERE I SAID SAY ... THE PRADO

In July 2004, appears in BOP initial approval of the General Plan, including the library and destroys part of the leafy trees. As a result, in time, there are 30 allegations to the General Plan.
The first allegations were answered positively in 2005, by the technicians of Urbanism, here's one:

No. ORDER 2119
Summary of argument
Allegation homeowner in Diego de Riaño, opposing the construction of the library in the Prado, which is of reduced spaces. Sheet 12-15 and 13-15. Analysis
claim
Given the allegations against the building University Library in the Prado, as well as other alternatives that would involve the rehabilitation as a major cultural center of the Plaza buildings in Spain where he could settle this once transferred using the current administrative services choose to delete the proposal, so that the spaces Prado free surface will be depleted.
In conclusion, it is assumed the claim raised.

This meant that many residents celebrate it.

However there was a change of approach and the latest were answered negatively. Faced with this contradictory situation prompted Urban explanation and this is the answer Received:

"Reports on the contradictions identified in the responses to the allegations against the claim of the Revised General Plan of Seville, set up a university library in the Prado de San Sebastian. Indeed, there have been numerous claims which, either individually or between other content within a claim broader expressed their opposition to the location of that library.
Specifically, allegations dealing with this issue are:
n º 338, 352; 1330-1332, 2042, 2119, 2140, 2159, 2744-2758, 5716-5721. In other words, a total of 30 allegations.

As background it should be noted that due to these allegations and before making a decision, it is true that we studied the possibility of locating the Library on the Plaza of Spain, once they were transferred from the administrative offices there are currently installed. However, analyzing the difficulties this decision made it unfeasible for the uncertainty that is the final destiny of the building, next to the University itself will stay in the Prado, he finally decided to go ahead with the proposal of the Prado based on the broad justification that takes place in response to allegations No 2140, 2159, 2744-2758 and 5716-5721.

Non- excuse, but as a justification of why this error, explain the working method used to report the allegations received about 7000 (just 6931). In the final phase of the defense of claims, precisely to avoid possible errors, the responses were grouped with the same content. In this case, the allegations set up by the No. 2140, 2744-2758 and 5716-5721, contained in the summary document as a single group of claims to that contended, and there it is for this group that itself was incorporated final report, instead keeping the error in the claim No. 352, 1330-1332, 2042 and 2119: a total of 6 observations.

Rather than to regret the mistake, this letter serves to at least be able to understand the motives that have caused, and, as noted earlier, has been, therefore, at the end of the response process when they have committed these contradictions in the final report to the allegations.


By July 2005 OPS "

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BIBLIOESTRIDENCIA

Antonio Burgos, Seville, with an impeccable literary career. He has shown his superb pen as a novelist, a preacher, collaborations on the radio and television ... It is considered a teacher of journalists. It is worth noting his writings in The Box in the newspaper ABC. reproduce his last Article published under the title "Biblioestridencia Prado, masterfully takes place this nonsense of an alleged library within a park even though the Superior Court of Justice of Andalusia (TSJA) has ruled against.

Sometimes there is no better legal lyrical prose. For many years, since the city misrule who govern it, I've been mulling over his head without finding the right word to sum up the dirty tricks they are doing in Seville, as the last of the mushrooms because of the Incarnation: to turn the square Ponce de Leon in a huge bus station, buses that leave us ever further from what we mean by the center, is not going to have deficits Tussam, my children?
thought of the outrage of the Pelli tower, in the desgalazo the tram that goes from nowhere to nowhere, in the aforementioned mushroom terrible of the Incarnation, in the distortion of the Alameda, where they will roll in San Telmo the whim of the pedestrian streets. I was thinking all these dirty tricks perpetrated against a city that has gone from "the heavens we lost" to "kicked soils', no way to enter the center or by bus or by car. And the ill will against cars have caught, where they let me?
But it was the right word, as when Juan Ramón Jiménez it asked her to jot Moguer INTELLIGENCE. And by golly, the Superior Court of Justice of Andalusia, to stop work because of the library which is loaded the gardens of the Prado, has found the exact word of what is happening in Seville and these guys are doing with it. TSJA Case says: "Any intervention in the Prado would be a strident, both in memory and in the urban reality of the city." That's the word shrill. For walks that are not digging a fanfare, with or without a shoe, with or without jelly, the city we have no Ná! We have filled Seville fanfare, as the watchmen. What pedestrianize if, then, among the watchmen, cyclists and tram no tranquil place for walking down the street, as in the raucous Avenue?
Now, that stridency, the shamelessness of those who are bent on making a library in a garden, where 500 meters is the Library Infanta Elena, near the Pavilion of Peru. The Tribunal Superior de Justicia de Andalucía should write their sentences on toilet paper because you know what to do with it the aforementioned promoters of stridency, or the Board, the University and the City: Do not make no case order work to stop and get on with them, in an unfortunate policy facts and disobedience to court. The council has said very clearly you do not intend to paralyze the work. Nothing, for me to continue the joke ... What moral authority to those who do not feel like serving the sentence of TSJA and continue the work so campers will be able to then demand that people respect the law? When they came to office, do not swear (or affirm) observe and enforce the laws? Why then this rebellion against the courts? What that does is called perjury, false to the oath? If a sentence is broken when the judge orders the guards to stop at that refuses to comply, why not now take action against the Board, the Chancellor and the City?
Why was it necessary to make that library at that site precisely when university also home of the former tobacco factory is running more and more like the tuna Fonseca, "sad and lonely"? "There was no place, a place in La Cartuja for that library? And the least I mean everything: the architects who are unemployed in Seville, why the library is doing the Iranian architect Zaha Hadid? How many have them commissioned architects Seville libraries in Iran, I wonder?

ANTONIO BURGOS

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TSJA GIVES THE REASON

Today is a happy day for the residents of the Prado de San Sebastian, and by extension to all citizens of Seville: The Superior Court of Justice annulled the determinations Andalusia Seville PGOU for the construction of the new main library university park grounds of the Prado de San Sebastian.

The Chamber for Contentious Administrative TSJA reported today, June 16, 2009, a decision by estimating the first of the appeals against the construction of the new Library of the University of Seville in Parque del Prado de San Sebastian.

This statement, which is dated last June 4, receives essentially all of the lawsuits arguments made in September 2006 against the General Plan review of Seville, approved by Resolution of July 19, 2006, regarding the classification of the eastern front of the Park and Gardens Prado de San Sebastián (Diego de Riaño) and equipment for educational use.

Specifically, the ruling annulled the determinations of the General Plan to allow construction of the new Library of the University in areas of that park, which will result in cancellation of the acts that are issued or executed as a result of such determinations. Thus, planning permission granted by the Planning Department on 9 July-that is appealed to the Court of Administrative Litigation No. 7 - is also without effect.

The legal reasoning of the decision, with a total of seventeen Fundamentals of law extends over more than twenty pages, starting with a brief review of the background to the proposed action. Recalling the arguments of the litigants (the Owners of Diego de Riaño n º 9, as appellant, and Department of Public Works of the Junta de Andalucía, the Planning Department of the City and the University of Seville co-defendants), Case focuses its argument on the principle of sustainability and development sustainable enshrined in European Community law and assumed by the Law on Urban Planning of Andalusia (LOUA) and the revised Land Law state.

TSJA The decision of the opinion that the new classification of the eastern fringe of the park and equipment for educational use "can not be regarded as justified," recognizing the wisdom and validity of previous urban planning and, specifically, the Special Protection Plan of 1994 ( repealed by the new Plan), which brought up the Prado for the use and enjoyment of the public, releasing its central space made profitable or speculative threat. In this regard, the Board notes that "planners reserved above ground as a park, within the general concept of space, representing a reserve of land a right consistency and rationality in the urban development of the city "which" in no way can be varied by a subsequent review of planning general not justified "(FJ 12 º).

In this effect, as advocates, argued the appellant, the maintenance of urban planning prior to the General Plan 2006, because "once the scheduler chooses to reserve certain lands for the creation of a park as overall system, the decision is rational and consistent with the urban development itself. "

Thus, compared to the criterion introduced by the General Plan 2006, the ruling states that "the new grade [...] forget that the plot is built on land defined as a park within a general system as such is part of determinations members of the management structure ", so that should not vary. This means, in the opinion of the judges, that "the status of equipment for educational use in certain park land formerly qualified, attentive head-on against the rationality and coherence of urban development" (FJ 12 º).

Noting that the new qualification introduced by the General Plan 2006 can not find refuge in the provisions of art. 36 of the LOUA, Case (FJ 12 º) includes three essential assertions:

a) The new solution proposed by the planner in any way improves the structural organization of the city, or the capability or functionality to affirm an improvement in welfare of the population.

b) Reduction of the Park as a public destination floor can not be understood offset by the removal of trees elsewhere, as the park is limited to have severed a portion of it not only quantitatively but qualitatively as located in the center of the city.

c) The existence of the public park itself is justified, not to serve as motivation for the new grade as indicated in Spatial Memory PGOU about the current situation of sluggish Prado, unfinished space and disconnected from environment. In this regard, the TSJA states that these negative connotations not justify the reduction and segregation of the park, because, if anything, can only be attributed to the administration, not the public park and the public.

In short, the ruling states that the classification of the parcel as equipment for educational use is not justified because it "allows the building in an area free Urban Park System-General "(FJ 10 º) and" the reality of the facts shows that we have proceeded to the limitation of a park as such can not be limited, reduced, cercenación, weakening, stunting "(FJ 13 º .) Therefore, according to the Board, the decision of the Administration "has no coherence, rationality or logic in itself or determining the facts, has to be reiterated that involve the reduction of an integrated park in an overall coherent and rational the urban development of the city, so the rating is not justified by the reality of the facts "(FJ 13 º).

Foundations of the sentence fully analyzed the contents of the memory management of the new General Plan of Seville, highlighting its commitment to sustainable development, concluding that "not consistent qualification of equipment for educational use with the protection requirements environment arising from the art. 45 of the Constitution "(FJ 14 º). In this regard, the Board contends that "the limitation, segregation and reduction is a public park, from the environmental prism [...], segregation, limitation and reduction of green zone" so that "the limitation the park and green area of \u200b\u200badding a bonus of irrationality and incoherence to review contested. "

Therefore, the resolution states that "sustainable development and the principle of integration in urban planning requires that the option chosen, must be the most coherent and rational with the specified principles governing the planning and environmental matters, and the present circumstances has to be reiterated that different options exist location of the building, the choice is far from being the most coherent and rational urban space and environmental. " From this he concludes that "the status of equipment for educational use can not be understood to involve proper and rational strategy of sustainable development, because no one can say that would tend to search for factors of balance between nature and city "(FJ 15 º).

Finally, contrary to what claimed by the legal representation of the University, the TSJA believes that the resource estimate, "the educational interests are not prejudiced in its consideration and planning, since the Administration recognizes the existence of alternative locations for location and building of the library, thus representing the interests the University in no way harm. " In this regard, in addition, the Board notes, as claimed the appellants, that "the status of equipment for educational use does not promote the general interests of the city that is the public park, on the contrary weakens in a clear setback to encourage university educational interests can not prevail over the general, especially when representing the educational interests of the construction of the University Library may well be satisfied with other discretionary options recognized by the Administration, which is the arbitrariness of the classification chosen "(FJ 13 º).

The Court did not rule on the claim that determinations regarding the General Plan regarding the location of the Library university breach Park land protection requirements inherent in the ownership of the Prado de San Sebastian to a historic Seville. This argument, as expressed by the sentence itself (FJ 16 º) will be prosecuted specifically when the Board resolved the administrative appeal 858/2006, pending, which is requested as a separate application Prado inclusion in the Catalogue of Public Spaces protection of the Historic Seville.

Along with this statement, which has lectured the judge Don José Santos Gómez and may be appealed in cassation to the Supreme Court shall be notified shortly other parties to resolve the remaining appeals against the construction of the library in different areas of the Park Owners communities around the Prado de San Sebastian and the Association of Neighbors "Neighborhood Health Huerta, whose decisions are expected to coincide with that is known today.

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Advocacy analyzes the situation of justice


In the latest issue of "Lawyers" (Review of the General Council of English Lawyers) analyzes the situation of justice in Spain.
This analysis results in a fail for the Administration of Justice, which considers itself in a deep and serious crisis. They recommend a State Pact to reform the current model.
And if something English lawyers are clear is what that has become obsolete the current system and low fault that the judges have it: "Governments, are the sign they are, they come to court to manipulate, not to remedy its evils. "
Since then sought the Justice handling of politicians seeking to derive the other big problem: the politicization of CGPJ. Something that prevents manage the efficient and impartial administration of justice.
"They have been highly politicized, and members have acted on partisan lines." "Its function is to defend judicial independence, and if it is attached to a policy party can not be independently manage public resources. "
" The Administration of Justice is something of citizens and therefore is of general interest. It should therefore be composed of great directors, regardless of their profession, " a" surge of professionals have more daily contact with the Administration of Justice, namely the lawyers. "
The review concludes with a criticism of the lack of modernization of justice, which contrasts with the technological effort of law and the rest of the state administration, and a number of conclusions: Grave

• crisis of the current model of justice.
• malfunctions.
• court decisions, neither predictable nor homogeneous.
• government interference in the administration of justice, despite being the ultimate guarantee of democratic citizens. Politicization of CGPJ
• . Excessive
• judicial corporatism, with a model in which justice is adapted to what they want judges and not the needs of citizens.
• Judges are not part of the problem, but victims of it. Guilty? The organization.

And with that, in the same issue interview the minister of Justice.

"Yes, I hope to achieve social consensus for justice

Francisco Caamaño, Minister of Justice

" Justice is a patient suffering from old ailments known but also new evils. On that requires multidisciplinary care (increased investment, information technology, streamlining resources and streamlining of procedures ...) and a consensus basis for Palic the best treatment. "

"I think the English Justice must be equal to what citizens demand, we demand a swift and effective justice."