The prosecutor is appealing against Usansolo’s withdrawal

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On November 23, the Bizkaia Boards of Directors approved the detachment of the Usansolo Urban Center by the Galdakao City Council. The state attorney has appealed because it is of the opinion that the detachment is in conflict with the requirement that the new municipalities have a minimum of 5,000 inhabitants.

Euskaraz irakurri: Estatuko Abokatutzak hélgitea jarri du Usansoloren desanexioaren aurka

The state lawyer has today appealed to the Controversial Chamber of the Supreme Court of the Basque Country against the agreement of the General Assemblies of Bizkaia by which the usansolo segregation of Galdakao and its constitution as a new independent municipality.

On November 23, Bizkaia Boards of Directors approved the detachment of the Usansolo Urban Center from the Galdakao Municipal Council, creating a new independent municipality, the number 113 of the Biscay area.

As reported by the Spanish government delegation, the Public Prosecutor’s Office – which falls under the Ministry of Justice – has lodged an appeal as it believes that the withdrawal violates the requirement that the new municipalities at least 5000 inhabitantswhich is laid down in Article 13.2 of the Law of Bases of Local Regime.

Currently, Usans only has 4520 inhabitantsso it doesn’t reach the five thousand marked by state law.

In addition, the prosecution also requests the Basque Supreme Court to annul the article of the Provincial Ordinance 9/2012 of Bizkaia, which reduces that number to 2,500 inhabitants, considering that the regional competence on the segregation of municipalities only regulates the procedure and handling, but the substantive requirements are the responsibility of the State.

In the same situation as Usansolo was now Ezkio Itxaso (Gipuzkoa)which had been two independent municipalities for four years and which forced the judiciary to reform into one municipality when the Supreme Court reversed the withdrawal last year.

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Source: EITB

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