Declaration of the political party “The Greens”
On January 15, 2014, the Supreme Administrative Court made another ruling in favour of the construction mafia, ignored international and European legislation ratified by Bulgaria in defence of its own nature, and authorized construction in Strandja Nature Park.
The five-member panel of the SAC took a final, unappealable decision and revoked the ruling of the previous three-member panel, which declared unlawful the general development plan of Tsarevo municipality, because of the lack of an assessment of its environmental impact and compatibility with Natura 2000. The general development plan allows massive construction on the coast of Strandja in violation of the management plan of Strandja Nature Park and the requirements of Natura 2000 for protection of species and habitats.
The five-member panel of SAC referred to the Law on Spatial Planning, according to which decisions approving the general development plans are final. It completely ignored the requirements of the Aarhus Convention, the Environmental impact assessment and Habitats directives, and therefore ignored the Constitution as well.
The Greens are convinced that the judges in the Supreme Administrative Court are competent enough. Since the three-member panel already interpreted the legal framework in a competent, responsible and correct way, obviously this is not a matter of competence, but a matter of dependence.
The “Greens” political party will take all the necessary measures to repeal the general development plan of Tsarevo by means of pressure from European institutions, infringement procedures, and examination in the European Parliament – unless the Minister of Regional Development, the main appeal applicant and culprit in the current unacceptable situation, both during the previous and the current government’s mandate, does not immediately cancel the order approving the controversial plan.
The case clearly shows that without separation of the judiciary from the influence of Parliament and the executive, and without real control of the sovereign over it, we will continue to receive such false justice in the future.