裁判官は、大麻を栽培するRasquera計画を取り消し
"自治体の経済的苦境は、公共の利益の概念の中に含めることはできません、"裁判官は主張
Judge revokes Rasquera plan to grow cannabis
"The economic plight of a municipality can not be included within the concept of public interest," argues the judge
El juez revoca el plan de Rasquera para cultivar cannabis
"La grave situación económica de un Ayuntamiento no se pueden incluir dentro del concepto de interés público", argumenta la juez
“El cannabis es el huerto del XXI”
Rasquera recurrirá la suspensión cautelar de la plantación
EFE Tarragona 31 MAY 2013 - 14:20 CET
Judge revokes Rasquera plan to grow cannabis
"The economic plight of a municipality can not be included within the concept of public interest," argues the judge
"Cannabis is the garden of the Century"
Rasquera appeal the temporary suspension of the plantation
EFE Tarragona 31 MAY 2013 - 14:20 CET
The Court of Administrative Tarragona number 1 fully estimated the action brought by the Government Delegation in Catalonia and has revoked Rasquera anti-crisis plan, based on the transfer of land to a consumer association to plant cannabis. After more than a year of waiting, the statement revokes the two agreements Rasquera full City Council, adopted on February 29, 2012, report to judicial sources.
One of the agreements was the initial approval of the Public Enterprise of economic and social advancement of Rasquera, Rasquerana Research and Interpretation of Cannabis Sativa L plant variety (rrica) and regulatory statutes, and the other the approval of private contract between Rasquera City Council and the Association of Cannabis Barcelonesa Subsistence (ABCDA).
The judgment declares void the two agreements and justifies it on the grounds that neither the constitution of the rrica or association contract with cannabis, have public interest. "The severe economic or financial situation of a municipality can not be included within the concept of public interest," argues the Judge Rosa María Muñoz Rodon, while concluding that "the lack of public interest implies incompetence" on the part Hall. He also claims that has not been asked for any permission from the competent authorities to grow marijuana and states that the agreement with the association cannabis can not be considered of public interest.
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According to this agreement, the city would intermediary between landowners in the municipality of Rasquera and ABCDA for cannabis association could cultivate cannabis for associates. The ruling was made public just two weeks of the conclusion of the extraordinary plenary session in which the mayor, Bernat Pellisa, formalized his resignation, on 14th June.
"We had hoped that, after so long waiting for the judgment, the arguments would have more quality," said Pellisa, which has announced that the city present appeal before the High Court of Justice of Catalonia (TSJC). "This is an arbitrary decision and unmotivated", praised, for his part, counsel for the consistory, Cànaves Martí, who has stated that only six pages.
"The main reason put forth is that there is no public interest and we argued that it is not enough," he added Cànaves, holding that there is an overriding public interest behind the project. "It is the decision of a majority full City has been a popular consultation and further investigation of the therapeutic properties of cannabis and has a public interest itself," says the lawyer the consistory. Therefore, the appeal will be based primarily on the lack of arguments in the sentence.
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