The impact of STC 61/1997 upon the Valencia Autonomous Region

Abstract

The author begins by stating that ever since the enacting of its Act 6/1994 Regulating C&T Activities of 15 November (LRAU), the Valencia Autonomous Region enjoys a body of regulating legislation that, allembracing, differs largely from that of the State. Said Regional regulation embraces C&T Planning and Administration in its widest sense along with many other matters related to the field.Come 1996, we are told, both its professionals and such bodies having to do with such matters had grown used to taking the Region's two major Acts as to C&T (6/1994 and 4/1992) as their 'Code for Planning'. The practical application of the 1992 Conjoint Text of the Land Act found itself limited to those precepts which held for Valencia after being considered to do so by the First Additional Disposition to the LRAU. In the light of the fore-going, the impact of STC 61/1997 upon C&T Activity in the Community is said to have been all but nill, the material, both before and after the decision, standing as it administratively did save in one or two cases in point as to planning discipline. The author, however, considers that the sentence did have two consequences worthy of consideration, the first touching upon doctrine whereas the second had its effect upon just where appeals were to be made against C&T decisions, these having been and still being settled by appeal court actions against decisions taken before the new Autonomic Regional Government enactments came into force.