The Constitutional Court has overturned a ban on forest access mountains agents or privately owned forest land without prior judicial authorization, except in case of fire. The state attorney argued that limiting step, approved by the Government of Esperanza Aguirre (PP) in July 2007 against the government of Jose Luis Rodriguez Zapatero (PSOE) filed an appeal three months later, was unconstitutional to understand that the contested legislation was "restrictive and unjustified".
The judgment, which has had access COUNTRY, upheld the appeal of the socialist government, because the Madrid contradicted the basic state regulations governing the powers of the forest police. The regional law limited "powers of entry or access to the mountains of the forest officials [in Madrid] against which state law recognizes." This has to have free access to places that need "for the proper performance of their duties", with the only limitation of respect for the inviolability of the home.
Sector forest officials argued against the law, including within the Emergency Law and Modernization of Government Administration of the Community. They warned that its implementation would prevent them intervene immediately to detect irregularities on private land, favoring the landowners acted with impunity.
The amendment to the law also hinder the work of agents in the prevention of fires. For example, if you know a barbecue burning in a private mountain could not act immediately. The Minister of Environment in 2007, Cristina Narbona, questioned the change in the regional legislation "violating a state standard" and be "a serious threat to the public interest". "It is a mockery of parliamentary institutions" settled Narbonne.
"The requirement of prior judicial authorization to enter the regional rules means more garantismo apparent that neither the Constitution nor the law require; in practice, slows down and hinders the work to be performed by forest officials, hindering or making impossible the performance of their tasks of prevention, surveillance and environmental protection, "reads the letter of the Constitution, on 22 October. He concludes that Madrid "has no jurisdiction to regulate a new course entry clearance, unforeseen or regulated by state law."
The legal basis for the judgment state that Madrid "goes beyond mere respect" the inviolability of the home that includes the Constitution. He emphasizes that "harms the general interest" ecosystem conservation as it restricts "unjustifiably" the powers of agents "to effectively exercise their powers."
