Perspectivas de la ordenación del territorio en el marco de las comunicaciones autonomas. Propuestas y modelos
[EN] There were missing manuals about the Spatial Planning (Ordenación Del Territorio) from a comparative point of view between the Autonomous Communities and also between European countries. At the same time, a review was needed of what happened on this matter since the Constitution of 1978. Simila...
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| Tipo de documento: | tese |
| Data de publicação: | 2016 |
| País: | España |
| Recursos: | Universitat Politècnica de València (UPV) |
| Repositório: | RiuNet. Repositorio Institucional de la Universitat Politécnica de Valéncia |
| Idioma: | espanhol |
| OAI Identifier: | oai:riunet.upv.es:10251/62362 |
| Acesso em linha: | https://riunet.upv.es/handle/10251/62362 |
| Access Level: | Acceso aberto |
| Palavra-chave: | ORDENACIÓN DEL TERRITORIO. EUROPA. VALENCIA DERECHO ADMINISTRATIVO |
| Resumo: | [EN] There were missing manuals about the Spatial Planning (Ordenación Del Territorio) from a comparative point of view between the Autonomous Communities and also between European countries. At the same time, a review was needed of what happened on this matter since the Constitution of 1978. Similarly, it should be considered with the perspective of the past years, the validity and effectiveness, or the lack of it, of the system and its level of implementation. It was also necessary to evaluate the work of the constitutional jurisprudence that has been shaping and creating a clear environment on this subject with the involvement of Constitutional Court (Tribunal Constitucional) at the time of defining the power and competencies between the Nation and the Autonomous Communities (Sentence 61/97 January 20th) Starting with its concept of a combination of contents planner of public actions and as stated in the European Regional/Spatial Planning Charter -as an economic, social, cultural and ecological policies' spatial expression of the whole society-, it is from where it's carried out a comparative study with France, Germany, United Kingdom or Italy itself, countries that have been working for years in order to regulate the Spatial Planning. United States should also be mentioned as the focus of this discipline's beginning. Continuing with this comparative study at a national level Valencia deserves special interest, highlighting the Law 5/2014 of July 25h, (LOTUP) and the attempt of setting long term objectives for the Spatial Strategy. The Community of Madrid is an example of bad practise (mala praxis) due to the fact that, even though Madrid has a Spatial Planning Law, its content has not been implemented.On the contrary, special attention should be made to Navarra, which has a very efficient Spatial Strategy, and Catalonia, which has implemented the Barcelona's Metropolitan Plan (Plan Metropolitano de Barcelona) To summarize, and taking into account the above mentioned exceptions, the system fails. The solution, as explained in the Thesis, is further impetus and new proposals. |
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