Sentencia del Tribunal Superior de Justicia de Andalucía (Granada), de 27 de octubre de 2022 (Sala de lo Contencioso-Administrativo, Sección 1, Ponente: María Salud Ostos Moreno).

The article summarizes a ruling from the Superior Court of Justice of Andalusia in which two contentious-administrative appeals filed by the City Council of Andújar are analyzed. The appeals refer to the dismissal of claims directed at the Guadalquivir Hydrographic Confederation and the Ministry for Ecological Transition, as well as the inactivity of the Confederation. The City Council requested information and actions related to proposals for flood prevention in Andújar. The Court considered that the City Council had the right to request this information and that the Confederation had the obligation to provide it. However, the appeal was partially upheld regarding the obtaining of copies of files or procedures. In addition, the City Council's request to be considered an "interested party" in administrative procedures related to the Marmolejo dam was analyzed, concluding that this request is governed by the ordinary rules of intervention in administrative procedures. The City Council challenges the dismissal of its claims by the Hydrographic Confederation, alleging inactivity and violation of the legal system. However, the Court considers that there is no inactivity on the part of the Confederation, as dredging and sediment removal are periodically carried out in the riverbed. Furthermore, the request for inspection and surveillance by the Confederation is rejected, as it has not been demonstrated that there have been omissions in these functions. Finally, it is noted that the review of the operating rules of the Marmolejo dam is already underway, so inactivity on the part of the Administration cannot be considered either. In summary, the City Council's appeal is partially upheld and the second appeal is dismissed. The article refers to a ruling from the Superior Court of Justice of Andalusia that addresses the right to information in environmental matters and public participation in relation to the floods caused by the Guadalquivir River in Andújar. The ruling clarifies the legitimacy of the Andújar City Council to request information from the Hydrographic Confederation and its status as an interested party in certain procedures. The violation of the principle of cooperation and collaboration by the Hydrographic Confederation in denying the relevant information to the City Council is highlighted. [Extracted from the article]