Central Government says law is unconstitutional

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SPAIN’S Central Government has warned the Balearic Islands Government that its restrictions on the construction of new shopping centres are unconstitutional.

The Central Government considered six articles of the new law, which was approved last October, to be unconstitutional.

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The controversial parts are related to the Balearic Government claiming that a store can be considered a shopping centre when it is above 700 square metres. The ministry has warned that the minimum surface area to be considered as such must be 2,500 square metres.

In addition, the procedure to obtain a permit for a shopping centre has been questioned as the Balearic Government establishes that if after six months of having applied for said permit the applicant has not heard from the administration, then the permit is considered to be denied.

However, this regulation goes against the national one, where administrative silence is considered to give the applicant the authorisation to carry on.  





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