The Constitutional Court (TC) has decided to admit for processing the unconstitutionality appeal filed by the central Government against article 2 of Decree-law 10/2025, of July 8, of the Consell, relating to urgent measures regarding the ports of the Generalitat and the minimization of the impact of the dana in the Natural Park of l'Albufera, with regard to the modification introduced in article 32.3.b) of Law 2/2014 on Ports of the Generalitat.
The resource, approved by the Council of Ministers at the end of March, focuses solely on the clause “integration between the port, the city and the coast, or that improves the safety and operability of the facilities or works carried out under the concession title”.
As the Official State Gazette (BOE) reports this Wednesday, the plenary session of the Constitutional Court agreed in its session on April 28 to admit for processing the Executive's appeal against the Consell's decree.
Within the framework of the supervision of regional regulations, the Ministry of Territorial Policy detected several possible reasons for unconstitutionality in this decree. The Bilateral Government-Generalitat Commission opened a negotiation process, although in the end an understanding was not reached on the provision that has led to the challenge before the Constitutional Court.
The objective of the Consell's decree is to adjust the regime of concession extensions for ports dependent on the Generalitat, that is, those that are not classified by the State as being of general interest. The changes affect extensions not foreseen in the granting title, which are granted in consideration of significant investments that were not included in the initial concession.
In this context, Law 2/2013, on the protection and sustainable use of the coast and the modification of Law 22/1988, on Coasts, regarding the extension of concessions in ports that are not of general interest, establishes in its fifth transitional provision: “Without prejudice to the provisions of article 2 of this law, concessions that cover occupations in ports that are not of general interest, or that directly enable the occupation of the maritime-terrestrial public domain in which port works are built, as a consequence of a public works concession contract, may be extended under the same terms and conditions as those provided for in the state legislation on ports of general interest”.
“In these cases, --it continues-- the duration of the extension may not exceed half of the maximum term of validity established in state legislation for concessions on public port domain in ports of general interest”.
By approving the filing of the appeal, the Government stressed that state regulations on port concessions mark the limit of regional legislative capacity, so that port concessions within the community's jurisdiction can only be extended under the same terms and conditions set by state legislation for ports of general interest.
On the other hand, sources from the Generalitat indicated to Europa Press that the regional administration "has advocated from the first moment for reaching agreements with the Government within the framework of bilateral commissions with the aim of clarifying the jurisdictional differences between the parties and not having to resort to the Constitutional Court to determine them". They recall that this understanding was indeed reached in norms such as Decree-Law 6/2025 on environmental administrative intervention, "which found an agreement and did not reach the Constitutional Court".
On this occasion, from the Consell they regret that “in the matter of ports, agreement has not been possible”, although they maintain that the Generalitat, within its area of competence, “can decide how to manage the ports that are under its ownership”.