Portal de Mazarron
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As has been conducted in different municipalities in the region, the recent judgment of the Supreme Court 5037/2015 of 11.23.2015 (rec. 4091/2013), laying the jurisprudence of the Constitutional Court maintains and the former Supreme Court to the Tax Code of 2003, emphatically reiterates what already held the Supreme Court itself in its judgment 8015/2009 (rec. 4089/2003) of 20/07/2009, that SUPPLY aND SERVICE DISTRIBUTION OF DRINKING WATER MUST BE SUBJECT TO A RATE (art. 20.4.t) LHL).
The importance of this ruling is that the same, the Supreme Court decides on following the adoption of the Sustainable Economy Law 2/2011, which amended section facts.
2.2 point a) of the General Tax Law, by deleting paragraph regarding what must be understood by activities or services provided under public law, reiterating the above criteria to the legislative amendment and consolidating the case law on the subject.
The Supreme Court again reiterate that the service supply and distribution of potable water, should be subject to a fee (art. 20.4.t) LHL) and it does not matter that the public service of drinking water supply is provided through concession or by public company.
The considerations that meets the user service water supply should always be qualified as rates, regardless of the form of management employed.
Even in cases where the service is managed by a public body acting under private law, which required citizens have the qualification rate, no private price or fee.
Mazarrón we asked the mayor and the government team of the City of Mazarrón that the following proposal is subject to discussion and approval in plenary.
Specifically they are approved the following resolutions:
1. It is to urge the Local Government Team to start urgently, the procedure for changing the tax regulations in force with the aim of regulating by a rate of currently prevailing rates of drinking water in Mazarrón.
2. urge the government team that, during the drafting of the new ordinance regulating the fee for the provision of potable water, conduct a review of the amounts of existing water rates to ensure compliance art.
24.2 of Royal Legislative Decree 2/2004 of 5 March, approving the revised text of the Law Regulating Local Tax -TRLRHL-, that the amount of fees for the service may not exceed approved, as a whole, the actual or estimated cost of the service or activity in question, for what will have to be supervised by the municipal intervention the mandatory technical and economic cost reports.
3. To urge the Local Government Team to undertake urgently, the procedure for amending the Rules of Water Supply Mazarrón, collecting in the same, the rate change rate thereof and eliminating the possibility of outages by default.
4. To urge the Local Government Team to communicate the company AQUALIA (MAZARRÓN), the content of the approved agreements, and understand that to ensure the legality of the collection of receipts nature of fees, such as service supply house drinking water, service of new connections, the sewerage service and service of garbage collection, must have the prior approval of the City of cobratorios corresponding periodic patterns, and their respective settlements.
Imperative request is legal, so it must be approved and implemented by AQUALIA (MAZARRÓN) as soon as possible so as not continue to incur absolute nullity of receipts according to Art.
62.1.e) of Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure - LRJPAC- ..
Then the Secretary General and Secretary of Organization convened a press conference to explain to the public his initiative.
Source: Podemos Mazarrón
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