Judicial Decision that Impacts Barcelona
The Superior Court of Justice of Catalonia has made the determination to annul several low-emission zones in the Barcelona metropolitan area, following the example of its intervention in March 2022 when it blocked the restriction in the Catalan capital. Now, the court has issued four rulings that affect various areas, covering municipalities such as l’Hospitalet de Llobregat, Cornellà de Llobregat, Esplugues de Llobregat and Sant Adrià del Besòs.
Reasons behind the ruling
The main reason for the lifting of these restrictions is the same as that previously given for the low-emission zone in Barcelona. It is argued that these restrictions lack adequate justification and that their severity represents a problem especially for certain groups, such as workers and small businesses, who depend on their vehicles and do not have the financial means to purchase less polluting alternatives.
History of Implementation of Low Emission Zones
The local governments of the four municipalities mentioned above decided to implement their respective low-emission zones in 2020, as did the city of Barcelona. Now, they will have to choose between reversing these policies or adjusting their regulations to comply with the judicial requirements, following the path that Barcelona already took last year.
Differences in Impact between Municipalities
Unlike Barcelona, where the restriction was allowed to continue while modifications were made to the project, the decision of the High Court of Justice of Catalonia is more forceful with regard to the municipalities of l’Hospitalet, Cornellà, Esplugues de Llobregat and Sant Adrià del Besòs. From now on, they will not be able to restrict the circulation of polluting vehicles or impose fines until a new municipal regulation is approved.
Within these municipalities, l’Hospitalet is most affected since its low emissions zone covered the entire city. On the other hand, the measure in Cornellà only applied to a small area near the Ronda de Dalt. Sant Adrià del Besòs has already adopted a new ordinance, which avoids complications, while Esplugues has decided to appeal the sentence, according to press reports, and is awaiting a ruling from the Supreme Court.
Judicial Precedent and Context
This event is not isolated, since the cancellation of low emissions zones in Barcelona materialized after the complaint of six local organizations. The court had revoked the initial project of the Barcelona City Council, led by Ada Colau, and forced the fines that had been imposed up to that point to be returned. The restrictions were considered disproportionate and lacking support in reports that would justify their application.
The Response of Barcelona City Council
After appealing the decision, the council argued that its approach was in accordance with state guidelines, European Union regulations and World Health Organization guidelines regarding the ecological transition and air quality. This case reached higher levels of the judiciary, being evaluated by the Supreme Court.
The Supreme Court ratified the ruling of the Superior Court of Justice of Catalonia the previous year, adding that the provisions negatively affect those with less economic capacity to renew their vehicles. Specifically, this affects self-employed workers and small businesses that require vehicles to operate.
Context of Low Emission Zones
The canceled low-emission zones include a region near the Barcelona ring roads, an area of approximately 95 square kilometers, where the circulation of polluting vehicles was limited in order to protect air quality and public health. Practically, a large part of the metropolitan area was subject to these restrictions, leaving out only some areas such as Vallvidrera, Tibidabo, Les Planes, Zona Franca and the Dalt and Litoral rings themselves.
The restrictions covered gasoline vehicles registered before 2000 and diesel vehicles before 2006. In addition, for motorcycles and other light vehicles, those registered before 2003 were affected. Fines for not complying with these regulations started at 100 euros, with increases being applied. in the case of recidivism.
