Santa Cruz de Tenerife (EFE). – The Chamber of Administrative Disputes of the Supreme Court of the Canary Islands overturned the court’s decision revoking the license granted by the Cabildo of La Palma to the Institute of Astrophysics of the Canary Islands. To install a 30-meter telescope in Puntagorda.
Ben Magec-Ecologistas en Acción had denounced said license on the premise that the beneficiary of this facility was not IAC but the international consortium promoting this infrastructure.
In July 2019, the Disputed Administrative Court No. 2 of Santa Cruz de Tenerife issued a decision upholding the appeal of the environmental organization on the premise that the decision of the Cabildo de La Palma to expand the land of Roque de Los Observatory Guys , in La Palma, it was not appropriate.
In today’s sentence, the TSJC takes into account the considerations presented by the island company that the IAC is entitled to apply for the concession because its consideration with the public consortium is provided for in the law governing it and gives it the authority to manage the existing astronomy centers, observatories and facilities and those that will be established or in the future. will be included in the administration.
He adds that the IAC actively participates in the use and financing of the TMT, as stated in the agreement between the two entities, and also recognizes the right of the Institute of Astrophysics to directly grant public concessions, as in this case the municipality of Puntagorda is doing.
The decision emphasizes that “no great dialectical effort” is needed to conclude that the IAC has the right to manage the land where the observatories are located, and therefore the fact that the TMT is owned by a legal entity other than the IAC does. does not affect their legitimacy to apply for and receive a public concession.
In the panel’s opinion, the general interest present in the process and the nature of IAC’s public consortium justify the direct granting of the concession, insofar as it is necessary for the performance of a public service task or goal. of general interest.
The sentence is not final and is appealed to the Supreme Court. EFE