New judgement of the Supreme Court about the principle of equality and the gender impact report in the processing of urban planning. STS 176/2022, of 11 February.
The Supreme Court has pronounced, in this judgement number 176/2022, of 11 February, about the application of article 65.1 of Law 29/1998, of 31 July, regulating contentious-administrative jurisdiction in relation to a case linked to the principle of equality in matters of urban planning and the requirement of a gender impact report.
In fact, in this specific case, the plaintiff had argued in this claim the application for the nullity of an urban development plan due to the lack of a gender impact report, referring only the lack of study of some the gender-related issues and the insufficient use of feminine from in the drafting of the plan. Subsequently, in the conclusions, specified aspects which, in his opinion, should determine the nullity of the plan due to the lack of gender impact in their determinations.
On one side, before resolving the questions with a constitutional interest raised, the Supreme Court reminds us that the principle of equality isn’t a neutral issue in matters of urbans planning, but, notwithstanding, no specific procedure has been incorporated for their implementations during the processing of urban plans. For this reason, it will be the Autonomous Communities – if they wish to require a gender impact report during the processing of the different urban development plans – to provide for it in their respective regulations.
In any case, the Supreme Court also insists on the fact that whether or not the report is required, this isn’t an impediment to respecting the principle of equality, which continues to be an inspiring principle of urban development and requires appropriate aimed at achieving effective equality between men and women.
On the other side, the Supreme Court – entering, now, into the analysis of the issues of interest for appeal – understands that the purpose of the written pleadings is to summarise the positions of the parties on the alleged facts, the evidence adduced and the arguments put forward. Article 65.1 of the Law 29/1998, of 31 July, regulating contentious-administrative jurisdiction prevents the introduction of new grounds of challenge in the pleadings, but not new legal argumentation. This is in order to guarantee the opposing part right of defence.
In this sense, the Supreme Court understands that the aforementioned article must be applied in those cases in which new questions are introduced that aren’t a simple development or complementary argument raised in the claim and concludes that if references are added to specific breaches of the principle of equality is being deprived of the real and effective possibility to refuting them, than is to say, of proposing and providing evidence.
