New Protest by the antenna-News newspaper in Buenos Aires 10/12/2009
David Izquierdo Updated 13/10/2009 06:59 Participation in the
I replied Alice Romero on 8 / X, 2009 letter published "The antenna Mataró. Incidentally it seems that the courts have a lack of criteria and the press does not write good news. However, City Council, Councillor Mrs? Managing is not easy and involves a dose of power is unfortunately too often misinterpreted or misused. Managing means caring citizen, give the reason when has directed with wisdom and care of all the money ...
Nonetheless, in our case, how we should not be administered. And that confirms the sentence: City Council did not answer the request in writing in May 2007, the ruling stated that the City can not evade the sanctioning authority and overall, the court imposed costs to the Corporation (the court only imposed in litigation cases of bad faith or recklessness).
Otherwise, coercive measures that are put in the sentence are $ 1000 every twenty days, not 150.25 euros if the court had considered the action of the City deserves only a "small retaliation." The law provides that these penalties can range from 150.25 euros to 1,500. Apply a figure from a scale of minimum and maximum is called graduation and involves a very interesting question: can not raise the price if there is no reason (such as inactivity or omissions) to increase it.
So maybe the reason of the fact that the courts would have lowered the penalty will be in another lawsuit that the City did not properly apply the concept of graduation, the concept also applies to disciplinary proceedings.
know that the City Council wants to execute the sentence. However, there are governments (not just councils) that have no such desire. Hence the law, which dates from 1998, hence these measures is expected that the court apply. And here you have understand that the courts must provide. Obviously in order to prevent s'eludeixi the way that justice has set a sentence, and something deeper that we can not forget: this is the system whereby we all opted for over thirty years. And there is nothing surreal.
David Sanchez-Izquierdo Lawyer Specialist Administrative Law
MORE INFORMATION
printed editions: a threat of a fine antenna for the Mayor of Mataró
EXCUSES FOR BAD PAYER, LIES, HYPOCRISY AND POISONING MUNICIPAL RESPONSE TO THE LETTER OF MRS. ALICIA ROMERO, Councillor of Mataró, one day ago Electromagnetic Pollution Control
. Wednesday October 7, 2009 Alicia Romero
. Tuesday October 6, 2009 political responsibilities
. PHOTO MONTAGE- NEXT-UP
mathematicism a) 2 + 2 = 4 go reading in the news
, gas-oil spills, vibrations, heat, high voltage, electromagnetic contamición very low frequency and high frequency, engines over 400 kW, with the power to move a train, when years ago requesting the transfer this consistory dangerous activity, we had a fire last February 11, 2009, unhealthy, noxious, annoying next to residential homes, 2 schools, one of Llosa a nursery ...
and the only thing that makes the municipality's decree for remedial action when this activity should be on an industrial estate and not closed down immediately?
, Alicia Romero, as a "reckless semble Ens The Vanguard afirmi ... "I should apologize publicly to Vanguard because as he explains on the table with over 800 custom reports for 2005 and earlier by daily continuous noise day and night, brutally intensified when the group gets or sets in waking up the neighbors, decreasing their health
"She who is literate should know that one of the grandeur of justice is precisely the same situation that a judge gives concrete a sentence in felt, and another can dictarla in SENSE noted. If not well outside harían JUDGES missing since it is the case in a maquinita Mete y punto. Extraído blog: cabezonespuntocom, see the entry Alicia Romero
TODAY municipal technicians were personally yesterday to dismantle the equipment for UMTS mobile phone antenna of the Middle Way that have no license was found with a blow to the nose door. The owners of the building, the company Telefonica, which could be prevented execute the sentence and now the City Council asked the administrative court to a court order to access it. However, the council does not know if that will avoid having to pay the penalty of $ 1,000 to the judge of the Superior Court of Justice of Catalonia (TSJC) has not imposed if the devices are removed before ten illegal days. How
Predictably, the local technicians yesterday were unable to access the facilities of Telefonica to execute the court ruling to dismantle the equipment and system of the UMTS mobile phone base station that is in the roof of the building. Indeed, this fact was already reported to the Council by telephone the day before yesterday. Following this setback, the only thing he could do it and Minutes of this fact, along with another decree was drawn up, send it to the administrative court in Barcelona 12th to request a court order.
The fourth deputy mayor and head of the Licensing, Alicia Romero (PSC), has already admitted that this attitude is not new to the City Council, as operators, Telefonica Moviles and above all, put many obstacles when access to their antennae and check if everything is in order . "Very quick to respond and when the paperwork is not done," he added Romero. What is currently unknown whether this obstacle can affect the time that the judge had put-to-ten days to withdraw the items from the telephone base station that operated without a license, and especially if the threat continues to paying $ 1,000 fine if not met. A penalty should take the responsible official o, en última instància, el mateix alcalde de Mataró, Joan Antoni Baron, de la seva butxaca.
L'Ajuntament ja havia ordenat a Telefónica Móviles, a través d'un decret, la retirada d'aquests elements i va sancionar-la amb 600 euros. Una multa que la magistrada del TSJC no considera que sigui prou contundent i vol que ara se la sancioni amb una quantitat més elevada.
MORE PAYING EXCUSES OF EVIL, LIES, HYPOCRISY AND POISONING MUNICIPAL RESPONSE TO THE LETTER OF MRS. ALICIA ROMERO, Councillor of Mataró, one day ago Electromagnetic Pollution Control
. Wednesday October 7, 2009 Alicia Romero
. Tuesday October 6, 2009 political responsibilities
. PHOTO MONTAGE-NEXT-UP
Source photo The Capgras Mataró City Council in ten days, disconnect the phone antenna owned phones using UMTS communication system. This facility, used by the third generation mobile, without a license. With this resolution, the third section of Tribunal Superior de Justicia de Catalunya ( TSJC ) ends a dispute that started three years ago.
KEYWORDS
Mataró, TSJC , UMTS , Superior Court, Barcelona, \u200b\u200bTelefónica , GSM
A Barcelona court ruled in favor Mataró City Council, in favor of maintaining the facility in the first instance. However, David Izquierdo, a lawyer for the party denounced the consistory appealed and now the courts have finished giving the reason.
TSJC The sentence no longer supports the appeals. If within ten days of the City Mataró not name an official to remove the antenna, the Mayor of Mataró, Joan Antoni Baron must pay thousands of euros of their particular heritage every twenty days pending disconnection becomes effective. If the City Council appoint an officer but he refused to disconnect the antenna, which the official would pay a thousand euros every twenty days.
This extraordinary measure was taken in response to the ease that municipalities often have to go delaying judicial processes and thereby allow time for owners of illegal antennas to enable them to obtain the necessary licenses.
The statement is supported by reports The local architects, at the request of David Izquierdo, performed. These reveal that the regulation violates the antenna above the height of the buildings, ignoring planning law.
"It is declared that the city of Mataró should proceed in their day to withdraw from the mobile telephone system located at street number Camí del Mig 18, for lack of acceptance into the movement for a business license of 11 February 2005 to work with DCS and GSM systems, "the court. Remember also that the City Council, which issued a decree of removal in December 2006 because the antenna was not licensed municipal, "should have proceeded not only to the precinct, but the dismantling of the facility. "
The ruling granted five days later the City Council to inform the court who will take to dismantle the antenna." Failure to communicate this means for all purposes which is its mayor. "And he will start the meter fines under the law of the Court of Administrative Law. This legislation gives the court to adopt the necessary measures to" ensure the effectiveness of what is commanded, "including including "coercive fines from 150.25 to 1502.53 euros to the authorities, officials or agents who violate the requirements of the court or the room." In Article 48.7, the law provides that the fine "is repeated every twenty days, until the fulfillment of the requirements." The Mayor of Mataró, thus, has been no escape. Or remove the antenna UMTS or respond to particular heritage.
A ruling by the High Court of Catalonia (TSJC) has not left room for the error with the mobile phone antenna Number 18 Middle Road Mataró that for over three years for illegally issued, and has been relentless in his retirement, even with a hint of threat to personal assets of the Mayor the city does not meet the deadline of 10 days to get a solution.
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| Telefonica denied entry to the technical side to dismount an antenna | | | |||||||
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| The minutes that were sent up the municipal courts | | | |||||||
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| Telefonica denied access to municipal al'antena - News of 07-10-2009 |
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| News 07/10/2009 of |
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| The TSJC multarà Mataró Town Council unless a retired phone antenna
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