# CE2004084EN.01060601.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/606 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/606

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(2004/C 84 E/0681)

WRITTEN QUESTION E-0491/04

by Jules Maaten (ELDR) to the Commission

(23 February 2004)

Subject:   Land Use Plans Implementation Law in Valencia — LRAU

Subject:

| 1. | Is the Commission aware that the Valencia regional authorities apply the Land Use Plans Implementation Law (Ley reguladora de la actividad urbanística — LRAU), under which it is possible to expropriate property owners in the public interest? |
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1.

Is the Commission aware that the Valencia regional authorities apply the Land Use Plans Implementation Law (Ley reguladora de la actividad urbanística — LRAU), under which it is possible to expropriate property owners in the public interest?

| 2. | Is the Commission aware that owners of houses receive disproportionately small amounts of compensation for their property? |
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2.

Is the Commission aware that owners of houses receive disproportionately small amounts of compensation for their property?

| 3. | Is the Commission aware that there is no provision for interested parties to express their views and that the occupiers — mostly retired foreigners from all over the European Union — receive little or no information about the authorities' plans? |
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3.

Is the Commission aware that there is no provision for interested parties to express their views and that the occupiers — mostly retired foreigners from all over the European Union — receive little or no information about the authorities' plans?

| 4. | Does this law violate the Charter of Fundamental Rights of the European Union? |
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4.

Does this law violate the Charter of Fundamental Rights of the European Union?

| 5. | If so, will the Commission take action to change this situation? |
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5.

If so, will the Commission take action to change this situation?

Answer given by Mr Vitorino on behalf of the Commission

(25 March 2004)

(25 March 2004)

| 1. | The Commission is aware that the exercise of property rights in Spain is subject to certain limits and conditions and that the Spanish constitution effectively provides in Article 33 that no person may be deprived of his/her property and rights except by reason of public utility or social interest, on the basis of a compensation and in accordance with the legislation in force. |
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1.

The Commission is aware that the exercise of property rights in Spain is subject to certain limits and conditions and that the Spanish constitution effectively provides in Article 33 that no person may be deprived of his/her property and rights except by reason of public utility or social interest, on the basis of a compensation and in accordance with the legislation in force.

| 2. | However, as the Commission has stated repeatedly, Member States' land tenure legislation does not fall within the scope of the EC Treaty, which expressly provides in article 295 that it shall in no way prejudice the rules in Member States governing the system of property ownership. The conditions governing such matters as the expropriation of land are, therefore, determined by the Member States and the Commission is not in a position to comment on them. |
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2.

However, as the Commission has stated repeatedly, Member States' land tenure legislation does not fall within the scope of the EC Treaty, which expressly provides in article 295 that it shall in no way prejudice the rules in Member States governing the system of property ownership. The conditions governing such matters as the expropriation of land are, therefore, determined by the Member States and the Commission is not in a position to comment on them.

| 3. | Under the terms of the EC Treaty and the Treaty on the European Union, the Community does not have general competence as regards fundamental rights. The Commission could intervene only in the event of violation of fundamental rights in the field of application of Community legislation, which is not the case in the situation described in the written question.
  However, if a person considers that his or her fundamental rights have been violated, he/she may apply to the European Court of Human Rights for redress, once all domestic remedies have been exhausted. |
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3.

Under the terms of the EC Treaty and the Treaty on the European Union, the Community does not have general competence as regards fundamental rights. The Commission could intervene only in the event of violation of fundamental rights in the field of application of Community legislation, which is not the case in the situation described in the written question.

However, if a person considers that his or her fundamental rights have been violated, he/she may apply to the European Court of Human Rights for redress, once all domestic remedies have been exhausted.

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