El Auto de Suspensión del TSJA que ordena la paralización de las obras de la biblioteca en el Prado ha sido muy meditado con una argumentación muy sólida. Reproducimos un resumen:
ANTECEDENTES DE HECHO
PRIMERO.- El presente recurso contencioso-administrativo nº 941/2006 se acordó:
1 º Cancellation of determining the eastern front of the Park as educational use
2 º Cancellation of determining the construction of the library in the Park.
3 The annulment of the acts that are issued or executed as a result of those determinations. SECOND .-
The July 8, 2009 the Owners of Diego de Riaño n º 9 called the provisional execution of the sentence. Construction should be stopped because of non-stop could become a fait accompli.
THIRD .- The University, July 16, 2009, opposed the provisional execution, arguing that it would cause grave educational and economic damage, not only the university but also to several companies involved in construction. Request an endorsement or guarantee of € 6,109,920.15.
FOURTH .- The Planning Department of the City of Seville presented his opposition to the execution, July 17, 2009. Argued that the application would cause irreversible damage situations difficult to repair. Request an endorsement or guarantee of € 6,109,920.15. FIFTH .-
The Andalusian filed its opposition to the execution, July 21, 2009. Plaintiffs argued that does not justify its request. Request an endorsement or guarantee of € 6,109,920.15.
LEGAL FIRST .-
respect to effective judicial protection requires that the verdict is met and that the appellant be restored to its rights and remedies, otherwise it would make judicial decisions in mere declarations of intent. SECOND .-
requirements that enable the provisional execution:
a) Is the request of the winning party in the instance that has occurred.
b) provision of sufficient security to cover any possible damage that may be, here is unnecessary.
c) The reasoned consideration of the repair of the damage and reversibility of the provisionally executed.
THIRD .- The statement must be regarded as cancellation of determination as educational use, for annulment of the determination of the construction and cancellation of the acts that are issued or executed as a result of the determination. Therefore, given cancellations involve not only the cessation of works but the demolition of the buildings replacing the previous state at the start of works. Along the same lines has been made in comparable circumstances.
FOURTH .- The provisional execution of the same can apply for a freeze in construction, demolition and replacing the primitive state.
FIFTH .- The request for provisional execution deserves to be called wise, for not requesting the demolition of the buildings or reset to the state before commencement of work, requested the stay only until the TS is rendered. The paralysis is not a situation or cause irreversible damage d difficult to repair, the completion of the construction would create a situation irreversile and damages very difficult repair. SIXTH .-
there be no doubt that the application postulates the public interests of the legal defense and protection planning the environment, which means that you should not get bail, it does not pursue a private interest but the public. Provisional enforcement
not adversely affect the interests educativos.La construction is not urgent or urgent needs, it is clear in perfect condition and proper functioning of a Main Library and each university has its own library and study spaces and research. The construction would cause much more damage if the TS confirm the sentence. SEVENTH .-
The other arguments are contrary to the provisional execution are not estimable.
The potential economic damage should have been taken into account and weighted as to the commencement of works, whose change of location was due solely to the University and against which comprised nine judicial review. Caution and prudence that now demand had to be laid before signing the document with the City Council on the University waived the requirement for liability to the Planning Department, in the case that the modified TSJA favorable interpretation the licensing. Was a high risk of economic interests and neglect.
Administration is acting orders the immediate cessation of construction of the library building without bond.
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