Does Spanish Law Reflect Expatriates Needs?

0


Reflections of Life in Spain.

I AM not an investigative journalist, although if you looked at my email inbox you would be forgiven for thinking that I was. Recently I have received emails from MEPs, concerned property owners, and desperate individuals who are struggling to pay their bills. Reading through them there is one overwhelming emotion that strikes me: frustration!

Most people accept and understand that businesses fail, that systems have their faults, and that individuals can be tempted to ‘bend’ the rules, but what seems to frustrate people more than anything is the Spanish Legal System.

-- Advertisement --

Take the Illegal Properties issue that still surrounds a number of properties in Spain, and leaves the future plans and aspirations of many an expatriate on the brink of ruin. As I write this column the organisation “Abusos Urbanisticos Almanzora – No” have confirmed that another two demolition orders affecting British homeowners in Albox have been set aside bringing the total now set aside to five. Great news and they are not alone in fighting on behalf of those effected.

MEP’s such as Nigel Farage and Vicky Ford are pressing for a full debate in the EU parliament on the role of censures and blocking of funds to Spain, and make the interesting point that if the UK were to act independently to the EU, it could take rapid and effective action against Spain.

With respect I hazard a guess they are barking up the wrong tree somewhat. The UK will never have the guts to stand up to anybody on its own! Who really cares about EU laws? It seems to me it is only ever the English Government that worries about implementing them. That said, I would urge everyone that can, to contact their local MEP to add some weight to the current efforts to pressure Spain into stopping the demolitions.

No, I suspect the answer lies with the Spanish themselves, and in particular an adoption of the ‘Spirit of the Law’ as opposed to the ‘Letter of the Law’. There are 500,000 retired people living in Spain, spending an average of 10,000€ a year, a total of 5,000 m€, the equivalent of Spain‘s exports to the USA.

Add to that the revenues generated by visiting friends and family and you have a significant  market at risk. Being pragmatic isn’t in the nature of Spain‘s judicial system though. I am reminded of a conversation I had with my friend David that deep down the main issue with Spanish Law is that it is built upon the Napoleonic Code where in effect “everything is prohibited except that which is permitted”, the opposite to the UK.

In Spain‘s defence, I suspect that their laws are only just catching up with the ‘modern world’. Post Franco Era Spain is relatively young and their laws are based very much on how things were, rather than how things are. I suspect the complex mix of local and government laws that has served them well enough just aren’t up to the job required by today’s fast moving, multi cultural societies.

As a result, expatriates are becoming the victim of a system that should be protecting them. For many that have been made redundant, but received no pay, there is a legal process in place, but it is expensive and takes for ever so many just don’t bother, can’t afford to bother, or have to return to the UK to earn a living.

There is some hope though! A friend recently won a very long drawn out court case for unpaid rent on a business they rent out. The court accepted a phased payment of the debt, with the proviso that if the second phase wasn’t paid to my friend by the due date, the court themselves would pay him and they would chase the debtor for the money. Pragmatic, sensible and helpful …… not words traditionally associated with the Spanish Legal System.

By Chris Marshall

www.almerimarlife.com

Like
Like Love Haha Wow Sad Angry

Attempted murder sentence reduced

A CUBAN (19) accepted a 15-year sentence for trying to kill his ex-girlfriend’s 13-year-old brother.The Alicante High Court heard how in September 2018 and...

Weather warning for Axarquía

With resident still recovering from last weeks torrential rains, another weather warning has been issued in the region.The State Agency of Meteorology (AEMET) has...

Major player on golf tournament map

ALMERIA is becoming a major player on the national golf tournament map.The province will host the Spanish Senior Professional Men’s Championship in December. The prestigious...

Man in Malaga ‘financed his wife’ to become a jihadist

A TRIAL is set to start of a green grocer accused of financing his wife to travel to Syria and join Daesh (ISIS).Prosecutors are...

Tortured girl aged 8 to death in Spain

THE trial has started of a man accused of torturing an eight-year-old girl to death.Naiara, who died in Sabiñánigo (Huesca) in July 2017, was...

Gabriel self-confessed killer guilty of premeditated murder, jury decides

A JURY has found Ana Julia Quesada guilty of the premeditated murder of eight-year old Gabriel Cruz in Cabo de Gata in Almeria last...

Man in Malaga ‘financed his wife’ to become a jihadist

A TRIAL is set to start of a green grocer accused of financing his wife to travel to Syria and join Daesh (ISIS).Prosecutors are...

Thomas Cook On Verge Of Collapse

Thomas Cook the UK's largest travel agent is hours away from collapse.   Tonight as we report the Company is having last ditch attempts to raise...

Welsh Ex Pats Up In Arms

The Welsh are a very patriotic race especially when it comes to their National rugby team, with a large contingent of  Welsh Ex Pats...

Counting the cost in Andalucia after the destruction caused by the...

ANDALUCIA has been left counting the cost of the storms that swept the region. The regional government has already set up an emergency fund of...

Mystery Surrounds Suspected Mijas Bridge Jumper

Yesterday we reported breaking news of a suspected suicide jumper off a road bridge in Mijas Costa.   Police are holding a full investigation to the...

Arrested for seeking followers for Instagram page in Malaga

A MAN aged 22 who allegedly drove round the streets of Malaga recklessly to gain Instagram followers has been arrested. Police say he filmed himself...

Attempted murder sentence reduced

A CUBAN (19) accepted a 15-year sentence for trying to kill his ex-girlfriend’s 13-year-old brother.The Alicante High Court heard how in September 2018 and...

Thomas Cook On Verge Of Collapse

Thomas Cook the UK's largest travel agent is hours away from collapse.   Tonight as we report the Company is having last ditch attempts to raise...

Illegal gambling hotspot in Valencia

THE Marina Alta area, and some parts of the Marina Baixa, have been dubbed the “epicentre of illegal gambling” in the Valencian Community. A regulatory...

Strange animal spotted in a Mountain range in Calpe

A CROSS between a dog and a fox has been spotted in the mountain range behind Calpe. The animal was spotted by a German resident...

Tributes to Benidorm bar owner who passed away

NIGEL CONSTABLE, owner of the Company Bar in Benidorm Old Town, passed away in his sleep on Monday morning after a short spell in...

Spain Prepares For Fourth General Election November 10

Caption.Credit FilckrA fourth general election seems to be heading its way in Spain.   Prime Minister Socialist Pedro Sánchez appears to have failed in a bid...

Thomas Cook On Verge Of Collapse

Thomas Cook the UK's largest travel agent is hours away from collapse.   Tonight as we report the Company is having last ditch attempts to raise...

Animal Sanctuary saved in Costa Blanca

Both a man and the animals from a local animal sanctuary have been saved. The animals were on the first floor of the flooded...

Fishy business in San Javier

ROTTEN fish washed up on the beach is reporterdly being sold to consumers.Bluefin tuna that is arriving on the coasts of Cartagena, San Javier...

Spanish Air Force Suffer Another Loss- Death Pilots Named – 2...

Just 3 weeks after the Spanish Air Force crashed into the sea killing the pilot off the coast of La Manga, today the Air...

Spain Prepares For Fourth General Election November 10

Caption.Credit FilckrA fourth general election seems to be heading its way in Spain.   Prime Minister Socialist Pedro Sánchez appears to have failed in a bid...

Factual Weather Report

Whilst the weather has been a large topic in the news with the terrible storms of late, it's noted that some publications are over...

Weather warning for Axarquía

With resident still recovering from last weeks torrential rains, another weather warning has been issued in the region.The State Agency of Meteorology (AEMET) has...

La Viñuela reservoir near drought level in Malaga

NEW figures show that the La Viñuela reservoir is once again close to the drought level.Despite last week’s rainfall, the lake currently sits at...

Village banks plan in Axarquia

BANKS are being called on to provide financial facilities for small communities.The PSOE of Malaga has requested a plan to ensure that smaller villages...

History pulls tourists in Velez-Malaga

A HERITAGE tourist attraction is proving a big success.The ‘Los lunes con la Arqueología’ project, which hosts talks and visits to Phoenician sites across...

Spain Prepares For Fourth General Election November 10

Caption.Credit FilckrA fourth general election seems to be heading its way in Spain.   Prime Minister Socialist Pedro Sánchez appears to have failed in a bid...

Cricket Hero Ben Stokes Smashes The Sun For Six

Caption.Credit Flickr   Ben Stokes one of England's  greatest all round cricketers of all time has gone to twitter to slam articles written about his family...

Major player on golf tournament map

ALMERIA is becoming a major player on the national golf tournament map.The province will host the Spanish Senior Professional Men’s Championship in December. The prestigious...

Gabriel self-confessed killer guilty of premeditated murder, jury decides

A JURY has found Ana Julia Quesada guilty of the premeditated murder of eight-year old Gabriel Cruz in Cabo de Gata in Almeria last...

Thomas Cook On Verge Of Collapse

Thomas Cook the UK's largest travel agent is hours away from collapse.   Tonight as we report the Company is having last ditch attempts to raise...

Pensioner plummets seven floors while watering plants in Almeria

A PENSIONER has plummeted seven floors while watering plants at a top floor apartment in Almeria city, Spanish press is reporting.According to Spanish media,...

Storm aftermath assessment in Almanzora Valley

THE Government Sub-delegate in Almeria has visited the Almanzora Valley to see the aftermath of the severe weather first-hand.Manuel de la Fuente was in...

Stabbing suspect held in Almeria

POLICE have arrested a 43-year old man suspected of fatally stabbing a Sub-Saharan in the La Chanca-Pescaderia neighbourhood of Almeria city in the early...

Thomas Cook On Verge Of Collapse

Thomas Cook the UK's largest travel agent is hours away from collapse.   Tonight as we report the Company is having last ditch attempts to raise...

Baywatch wannabe in Cala Millor

A BOGUS lifeguard has been arrested in Cala Millor. The man was allegedly pretending to be a lifeguard even though he had no paperwork or...

Seaplanes to land in Pollensa

IT has been announced that Pollensa in the north of the island will become the first port in Spain where it will be possible...

Crime figures in Calvia

POLICE in Calvia can breathe a sigh of relief now that the tourist season is coming to an end and can take the time...

Truce in conflict in Santa Cantalina

A PEACE pact has been agreed by warring neighbours. The Association of Neighbours and Friends of Santa Catalina has signed an “agreement of coexistence” with...

Spain Prepares For Fourth General Election November 10

Caption.Credit FilckrA fourth general election seems to be heading its way in Spain.   Prime Minister Socialist Pedro Sánchez appears to have failed in a bid...

Gran Canaria Fireman suspended for speaking to press

THE President of a firefighters’ union has been suspended without pay for two days for talking to the press. Pablo Gonzalez is a working fireman...

Photographer tricked children into porn images in Spain

A PROFESSIONAL photographer has been arrested for allegedly tricking 43 children into creating pornographic material. He offered on the Internet an "artistic collaboration" consisting of...

Cricket Hero Ben Stokes Smashes The Sun For Six

Caption.Credit Flickr   Ben Stokes one of England's  greatest all round cricketers of all time has gone to twitter to slam articles written about his family...

Gran trampled by camels while on holiday in Spain left with...

WHAT SHOULD have been a fun day out, including a camel ride along the beach in Fuerteventura in the Canary Islands, turned into a...

Police intercept 800kg of cocaine in international waters near Gran Canaria

THE Guardia Civil of the Canary Island have revealed that specialist teams from the Maritime Patrol department of the Tax Agency have intercepted a...

Fugitive captured in Tenerife jailed

POLICE looking for one of Scotland’s most wanted men found a simple way of catching him.UK police tipped off their Spanish counterparts that the...

BREAKING: Gibraltar to beat the UK in holding a General Election...

BEATING Boris Johnson, the Chief Minister of Gibraltar, Fabian Picardo today (Monday) handed a request to the Governor to dissolve parliament immediately.A general election...

A few rocky moments but generally Gibraltar Calling went well

THIS year’s Gibraltar Calling Festival was held at the completely new venue of Europa Point Stadium last Saturday and Sunday and there were some...

UK Parliamentarians and Gibraltar National Day

A NUMBER of British Parliamentarians have arrived in Gibraltar today (Friday) to show their support for Gibraltar’s National Day and the right of the...

Red White and Proud: A special message to the Euro Weekly...

A SPECIAL message to readers of Euro Weekly News from the Chief Minister of Gibraltar, Fabian Picardo.Come and join us in Gibraltar for our...

Illicit tobacco worth more than €30,000 seized in Gibraltar

KEEPING up with their fight against tobacco smuggling which has caused so much angst in Spain, Gibraltar customs officers have seized 750 cartons containing...

Gibraltar will host international competitors at Special Olympics National Games

THE Special Olympics were founded in 1962 by the sister of President Kennedy and are held every two years in different parts of the...

LEAVE A COMMENT

Please enter your comment!
Please enter your name here