• Català
  • Castellano
  • English

Supreme court nullifies section of law on tourism in Balearics

foto consell premsaThe superior court of justice in the Balearic Islands (TSJB, for its initials in Catalan) issued a partial ruling on the Formentera Council's suit challenging Decret 20/2015, a statute of the regional tourism law. The court, finding Title II of the statute does not comply with the law, declared it to be null.

In its verdict, the TSJB says the law's preamble contradictorily pledges to provide the Balearic island councils with “broad freedoms” —an idea which is reiterated in nine of Title II's chapters— to develop the content of the different chapters. However, the ruling reads, “the affirmations made in Decret 20/2015 are fictitious”, pointing out that “in practise the councils aren't given the ability to regulate on areas of local jurisdiction”.

According to CiF tourism councillor Alejandra Ferrer, the verdict is proof that the regional tourism law encroached on the authority of island councils. (The island of Mallorca, which has never been given authority on tourism, presents an exception.) Formentera's legal services will now study their next move. Annulment, they say, is a possibility. In Ferrer's words, “it is our belief that the rest of the decree's titles are also contradictory, given they fail to bestow the island councils with the legislative authority which they are due”.