La reparcelación en el ordenamiento urbanístico valenciano. Una metodología de actuación

Abstract

[EN] Reparcelling is considered an urban management technique which corresponds with a power of removal of the administration, whereby, without the need of making the plots of land, which are subjected to an implementation planning operation, previously enter public domain, it is possible to achieve the creation of new roads, free spaces, infrastructures and allocations in accordance with the in force planning, while obtaining the participation of the affected particulars in the financing and the results of the operation. The problem lies in that the operation is due to very preponderant general interests, some of which, as the appropriate environment to human development or the right to decent housing or avoiding speculation by means of capital gain participation which generates urban public action, have the nature of a constitutional mandate to the public power displacing the centre of the institution from the object to the subject and to the aim. The thesis aims to show that urban management is not a mere technique, but the last part of a complex action, which starts with the first studies for the development of an urban plan and ends with an essential, urgent and desirably warrantable decision of the plan's materialization. Thus, reparcelling is studied as a public service activity subjected to the positive link (vinculacion positiva) principle, where the autonomy of the municipality, principal subject in the plan's management and execution, cannot serve as a Trojan horse to decline the obligation to obtain the public purpose to which the corporation has linked itself from the constitutional mandate. For this reason a chapter is dedicated to the study of planning offence and the aspects of the legally protected good in the specific type with the aim of showing that the legislator has left completely unprotected the planning's constitutional purpose by punishing the active commission but leaving without any appraisal the omisive commissions, authentic groundswell and largely the origin of corruption and the so-called housing bubble, insofar as leaving unpunished omisive behaviours, which involves failure in applying land public property to the main intended purposes, involves not promoting, by direct or indirect management, social housing, and involves allowing the city's transformation to be configured as an economic activity and, therefore, as an activity merely based in development, instead of demanding it to be an activity of public service, characterized by regularity, permanence and equality. To give a symbolic example the behaviour of the legislator should be lege ferenda, identic to that of the public health service or of the education. They are not considered to be economic services, but fundamental rights and basic services that are even likely to occur under a monopoly regime, ergo, the renovation transformation, and growth of the city as environment ex art. 47 CE and the guarantee to give effect, as far as possible, to policies which assure the right to decent housing and avoid the…