Saturday, December 9, 2023

In May, the Huesca City Council ordered the immediate closure of El Alcoraz for not having a license

The El Alcoraz stadium in Huesca, as strange as it may seem, does not have an opening and activity license. An irregular situation that has caused the city council of the Alto Aragonese capital to order the cessation of its activity and its immediate closure until its urban status is legalized.

A very tough decision that comes from a decree signed by the previous mayor, the socialist Luis Felipe, twelve days before the municipal and regional elections last May that the club He did not even appeal administratively. Although The current Government led by Lorena Orduna’s PP assures that it will not be carried out “for the moment” This mandate from the previous legislature and the current situation of the football field is irregular and illegal, and Urban Planning knows it. And the club too, since last May 18.

The city ​​council’s decision is “firm” because the Mayor’s decree made it clear on May 16 and “it was notified on May 18, 2023 to the Huesca Sports Society, without any administrative appeal or administrative dispute being filed against said resolution within the relevant deadlines.” “. This is stated in the city council’s letter that responds to the club’s request, flaunched last October 6 and presented by the manager of the entity, José Luis Ortas Pérezin which it requests the start of the urban planning process to obtain the aforementioned lauthorization of opening and activity of the stadium while demanding to admit “the precautionary measure of suspension of the Mayor’s decree” signed in May.

A request that has now been inadmissible by the council, now governed by the mayor’s PP Lorena Orduna. For various reasons that respond to a chain of errors that are difficult to explain. For example, An extraordinary appeal for reconsideration was filed in May that is now “extemporaneous” and at the time it was already “non-existent”. And the municipal technicians explain that against decisions such as Luis Felipe’s decree ““only appeal appeals and the option of replacement are possible.” according to law 39/2015 of the Common Administrative Procedure of Public Administrations. There is no formula that was used to stop an order of this type.

It was only possible to do so by presenting an extraordinary appeal for review, so it is understood that it could be due to a “error in grading the writing” employed by the sports entity. But he did present an appeal of this type to which the city council now responds that this “is not based on any of the causes provided for in article 125.1 of Law 39/2015” and that also in that letter from the club “He doesn’t even mention any of them.” Therefore, it has also now been inadmissible and, with it, the precautionary suspension of the cessation of activity requested by SD Huesca.

Possible “disappearance” and “irreparable” damage

With this forceful municipal response to the entity’s claims, several issues become clear. The first, that with Luis Felipe’s decree the stadium should have already been closed in May, and not having played a game in it: he has played one official match last season, against Eibar, and seven in the current one. The second, that this mandate of the consistory It comes at his worst moment and leads to damage “that is impossible or difficult to repair” and perhaps lethal to their own subsistence.

SD Huesca itself says it in Ortas’ letter sent to the city council: The El Alcoraz stadium meets all the conditions and requirements established in the General Regulations of the Professional Soccer League, The League competitions, both First and Second, are classified as being of general interest; the closing of the stadium would make it impossible for fans to attend the stadium and result in a three-point penalty. by the corresponding organizations; continued closure would cause immediate expulsion from the competition and consequently the disappearance of SD Huesca SAD and losses close to 7 million euros; would affect more than 200 indirect workers in addition to a number of workers who perform their duties on match days”.

The scenario presented to the club is catastrophicdefines it himself, going so far as to affirm that “all this would lead to the closure of the stadium and the immediate presentation of a competition for its liquidation, eliminating any hint that the city of Huesca has a professional team.”

But the city council’s response is not lukewarm, quite the opposite. He even goes so far as to state that “first of all it must be said that the situation created is essentially due to the inactivity of SD Huesca SAD and it is responsible for not having presented the required documentation at the time.”

Regarding the damages to which the entity alludes, the council responds that this economic damage is not justified or proven, although it admits that the closure would have “very important” consequences, but adds that “the suspension of the execution of the act (refers to to the ordered closure) could very seriously affect the public interest”, due to this obligation of the city council of monitor compliance with regulations and ensure the safety and well-being of citizens“Therefore, it concludes that the damage to the safety of its thousands of spectators ands greater than the economic damage to the entity, given that “precisely the environmental license required is the one that verifies the fire extinguishing measures, evacuation of people, emergency exits, etc.”

Inadmissible resources

For all these reasons, the Deputy Mayor of Urban Planning, Iván Rodríguez, signs this current resolution in which the appeals presented by the SD Huesca are inadmissible and the municipal services are transferred to start the file to obtain a stadium license. But right now the situation of the stadium remains illegal, with a closure order that is firm after half a century hosting matches inside and after having played two seasons in the First Division and having even expanded the capacity of the stadium itself to 9,100 spectators. In fact, in its first campaign, works were undertaken in 2018 to adapt to the requirements demanded by La Liga and with the second, in 2021, another reform was carried out that raised the amount invested to 15 million euros. And it is assumed that they were also made with municipal permits.

In this case, the defense of SD Huesca is based entirely on a responsible declaration, which is the tool used by many establishments, small and large, to start the activity without obtaining that license, which now means the immediate closure of El Alcoraz. In this case, the entity presented it when requested in May by the previous municipal government, but it did so “without attaching a technical report on the matter.” That is why the inactivity that the municipal technicians now refer to to remind the club that it must close the stadium. A football field that, not trivial, is privately owned.


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