The Supreme Court partially annuls the Catalan government's 2011 Decree regulating the environmental management of mobile phone antennae

30/11/2011

The Supreme Court has partially annulled the Catalan government's Decree 148/2001, on the environmental management of mobile phone antennae, clearly and accurately confronting the problems arising from the frequent overlap of administrative regulations established by Autonomous Communities and Town Councils regarding high-frequency radio installations. In this respect, the judgement resolves the incompatibilities between the State's jurisdiction in the field of telecommunications and that of Autonomous Communities and Town Councils in matters related to planning, health and the environment. The sentence has been analysed by Ricardo de Ángel, member of the Scientific Advisory Committee on Radio Frequencies and Health (CCARS), who notes in a document published by that organisation that “[the judgement] has the merit that it directly and precisely considers the possible incompatibilities between the State's jurisdiction and that of other administrations in different areas”. Prof. De Ángel also notes that “some recent judgements from the same Third Court, especially those issued subsequent to that of 17 November 2009, have emphasised the importance of regional and municipal jurisdiction in the areas of planning and development, health and the environment”. This sentence originates from an appeal made by RETEVISIÓN for a Judicial Review of the Catalan Government's Decree of 29 May 2001, “on the environmental management of mobile telephony and other radiocommunication installations”, requesting the annulment of said decree. In the conclusions to his report, Prof. De Ángel considers that the judgement merits recognition because “with a highly refined judicial technique, and using a broad spectrum of arguments, it sheds light on the difficult jurisdictional questions that have characterised similar conflicts arising from the controversy which this judgement finally brings to an end”. The full report can be viewed by clicking on the following link: http://www.ccars.es/sites/default/files/Comentario_CCARS_Sentencia_Anulacion_Decreto_Cataluna.pdf