Last Saturday, March 14, 2019, the Spanish Government declared the state of alarm through the approval of the relevant Royal Decree (Real Decreto 463/2020, de 14 de marzo) in order to tackle the health emergency caused by COVID-19.

Last Saturday, March 14, 2019, the Spanish Government declared the state of emergency (“estado de alarma”) through the approval of the relevant Royal Decree (Real Decreto 463/2020, de 14 de marzo). This state of emergency will be in force for a minimum period of fifteen natural days and has been adopted in order to tackle…

The Supreme Court upholds a claim of judicial error filed by Pareja & Associats against the Orders of the Contentious Administrative Chamber of the High Court of Justice of Catalonia in the execution of a judgment of the same Chamber, regarding the expropriation of a property in the municipality of Martorell. Supreme Court Decision no. 392/2020 of 13 May.

In its recent Decision No. 392/2020 of 13 May, the Second Section of the Contentious-Administrative Chamber of the Supreme Court (TS) has upheld a claim for the declaration of a judicial error filed against the Orders of 13 December 2017 and 4 April 2018, dictated by the Second Section of the Contentious-Administrative Chamber of the…

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Modification of Law 13/2002, of 21 June, on Tourism in Catalonia, by Law 5/2020, of 29 April, on tax, financial, administrative and public sector measures and the creation of a tax on installations that affect the environment.

The recent Law on tax measures approved by the Parliament of Catalonia has modified, among many other regulations, the Tourism Law in several of its precepts. The aforementioned modifications (16 in total) refer to various aspects and are included in article 169 of Law 5/2020. Despite the fact that the preamble of the Law does…

The coercive detention of persons for the purpose of enjoining them to adopt measures to improve ambient air quality can be ordered only if a national legal basis which is sufficiently accessible, precise and foreseeable in its application exists to that end and if the detention is proportionate.

Preliminary ruling referred by the Higher Administrative Court of Bavaria to the Court of Justice of the European Union (CJEU), to seek if the national courts have the faculty to impose coercive detentions to national authorities who refuse to comply with a judicial decision that compel them to run the obligations imposed by the European Union law….

The Supreme Court establishes that the right to be indemnified can only be assigned in the cases of patrimonial responsibility in which this right has been previously recognised in a firm administrative act or a firm judgement.

The Supreme Court has pronounced, in judgement number 53/2020, January 22, about the possibility of applyingcivil law in the administrative contentious jurisdiction in order to fill the gaps of administrative legislation and jurisprudence, and more exactly, about the assignment of credits derived of patrimonial responsibility in a particular case in which a society in creditors…