The protection of Protected Natural Areas: Urban planning vs. Natura 2000 (the case of the Valdecañas Island)

Abstract

The conflict of urban nature that has been affecting the Valdecañas island, located on the Tajo river, has not just seen the end. Sentenced in 2011 by the Superior Court of Justice of Extremadura and married in 2014 by the Supreme Court, in 2019 two pronouncements of the Constitutional Court have been added partially declaring the unconstitutionality of the law that gave legal coverage to a project of regional interest whereby some land was requalified to allow the construction of a luxury tourist complex. Despite the confirmation of the nullity of the project, because it affects a space of the Natura 2000, and the declaration - by court decision - of demolition of the constructions in order to return the land to its original state, it is still not executed a decision that weighs the doubt of the benefits / harms of its effective compliance. This article analyzes the long judicial process of a conflict in which it transcends in what the protection of protected natural spaces must be specified and whose resolution provokes a reflection on the true meaning of the guiding principle of biodiversity conservation.

Doi: https://doi.org/10.17398/2695-7728.35.23