- The TSJM has annulled the Low Emission Zones of Madrid, affecting Madrid Central.
- The ruling points out inadequacies in the economic impact reports.
- The harm to people and companies with fewer resources is highlighted.
- An appeal to the Supreme Court is still possible.
A new legal twist affects Madrid's Low Emission Zones following the decision of the High Court of Justice of Madrid (TSJM) to annul them. This ruling has a direct impact on the emblematic area of Madrid Central and Plaza Elíptica, locations that were key to the city's mobility plan.
The ruling, issued by the Second Section of the Contentious-Administrative Chamber of the TSJM, has ruled in favor of the allegations made by the Vox Municipal Group. This party denounced the insufficiency of the reports prior to the establishment of the Low Emission Zones (LEZ). According to the court, A proper analysis of the economic impact was lacking that these environmental measures could have, especially on the most economically vulnerable groups, such as the self-employed, micro-enterprises and small and medium-sized enterprises (SMEs).
These zones, originally promoted under the mandate of Manuela Carmena and later modified by José Luis Martínez-Almeida, were designed to restrict the access of polluting vehicles. However, the TSJM considers that It was not properly assessed whether there were less restrictive alternatives that could achieve the same environmental benefits without disproportionately affecting certain sectors of the population.
Impact on vulnerable communities
A central point of the court's decision is how the ZBE affect people and companies with less economic capacity. Those without sufficient resources to renew their vehicles face difficulties in adapting to the rules, which can be considered discriminatory, according to the judges. The principle of "just transition" of the Climate Change and Energy Transition Act, which requires support measures for the most vulnerable groups, has not been sufficiently taken into account.
In the ruling, the judges do not question the ability of the city council to implement environmental measures, but rather the way in which the process was carried out, emphasizing the importance of to be able to balance costs and benefits in public policy planning.
Next steps: possibility of appeal
Despite the ruling, the decision is not yet final. Madrid City Council has the option of appealing to the Supreme Court, which could change the course of this judicial decision in the future. The legal services of the council are already analysing the ruling to determine the legal steps to follow.
It remains to be seen how this situation will develop, and it raises important questions about the future of sustainable mobility policies in Madrid. In the meantime, uncertainty will continue to mark the urban and environmental landscape of the city.