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A broad social and political alliance has come together to challenge Law 7/2024 of the Balearic Islands, arguing that it poses a serious threat to land protection.

On Thursday, March 13th, a legal appeal will be filed before Spain’s Constitutional Court in Madrid. This initiative has been jointly developed by PSOE, MES, Podemos, and GOB and is now backed by other social organizations and the Civil Society Forum.

A diverse coalition of actors has united against the government’s deregulation policies, which they believe violate fundamental legal principles and represent an unprecedented rollback in land and environmental protections.

Background

Since early last year, when the first Administrative Simplification Decree-Law was introduced, GOB has repeatedly warned about the severe environmental and territorial consequences of its implementation.

In May 2024, a legal report was published highlighting multiple potential constitutional violations in the so-called Administrative Simplification Decree-Law.

Once the decree-law was formally enacted as a law, some of its most concerning provisions were further exacerbated by amendments introduced by VOX and the ruling Partido Popular.

Following what has been described as a chaotic approval process—where additional decree-laws had to be passed to correct mistakes from the parliamentary vote—GOB urged opposition parties to challenge the law through an appeal, using their representatives in Congress.

Legal grounds for the appeal

One of the main arguments of the appeal is the blanket legalization of unauthorized buildings and land uses on rural land. This provision is seen as a violation of the principle of equality, as it effectively grants amnesty to urban planning violations while penalizing citizens who have followed legal rules.

The introduction of automatic approvals through “positive silence” is another key concern. This mechanism, which allows permits to be granted automatically if authorities do not explicitly deny them, is seen as a major setback for environmental protection. It also creates unfair advantages for illegal developments over those who go through the standard permit process, which requires explicit approval from public institutions.

The appeal draws on existing case law from Spain’s Constitutional Court, referencing previous rulings on similar issues raised by the Balearic law.

A united front

This legal challenge has garnered broad support from various civil society organizations that see Law 7/2024 as a serious step backward. The coalition includes GOB Mallorca, GOB Menorca, Friends of the Earth, Pla de Mallorca XXI, the Mediterranean Initiatives Foundation, OCB, the Palma Federation of Neighborhood Associations, as well as trade unions CCOO and Stei-Intersindical.

The initiative was officially announced on Wednesday, March 12th, in a joint press conference. The constitutional appeal will be filed next day by Members of Parliament from PSOE, SUMAR, and Podemos, who signed the necessary legal powers earlier this week.