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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
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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
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