The High Court of Justice of Madrid has annulled several key provisions of the Sustainable Mobility Ordinance regulating Low Emission Zones (ZBE) in the capital, affecting both the emblematic “Madrid Central” and the “Plaza Elíptica” zone. This decision represents a major setback for the city’s environmental policies, by questioning its application and legal basis.
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The court has upheld the arguments presented by the Vox Municipal Group, led by Javier Ortega Smith, who had pointed out the lack of adequate prior reports in the approval of the ordinance.
These regulations imposed restrictions on the circulation of polluting vehicles in various areas of the city with the aim of improving air quality. However, according to the ruling, the necessary prior studies to ensure that the measures adopted respected the principles of proportionality and non-discrimination were not carried out.
The reasons: people with fewer resources and lack of weighting
One of the key points of the judgment is the affectation of these policies on people with lower economic capacity. The court has highlighted that the restrictions make it difficult for these citizens to access new vehicles that comply with environmental standards, generating an economic barrier for many.
This effect could be considered discriminatory, especially towards vulnerable groups such as the self-employed and small businesses, who do not necessarily have sufficient resources to renew their vehicles and adapt to the requirements of the ordinance.
The ruling also underlines that the 2021 Sustainable Mobility Ordinance did not adequately assess the balance between the benefits and costs of the restrictions, nor did it explore the possibility of adopting less restrictive alternatives that could have had a similar impact on emissions reduction without harming the most vulnerable
Possible appeal to the Supreme Court
Although this decision represents a significant change in Madrid’s environmental policies, it is not yet final. The City Council has the possibility of appealing the ruling to the Supreme Court in the next month, which opens the door to possible modifications or even the definitive annulment of the ordinance.
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