CNJUR: Legal Urban Agenda For Europe
CNJUR: Legal Urban Agenda For Europe
CNJUR World in European Habitat Regional Meeting.
CNJUR world and it's European delegation, CNJUR Europe, members of the WUC, have participated in the European Regional Meeting that was held in Prague form 16th-18th March.
With the topic “Europe: towards a legal framework in Habitat III”, the lawyers Pablo Aguilar, Luzma Moreno and MartaLora-Tamayo from CNJUR together with the ILO, Podgorica University, ONU Habitat México, the Department of Administrative Law of UNED-Spain held and interesting debate in their Side Event based on the importance of solid legal frameworks, sharing the next reflexions:
“The Future we want and the City we need” as a key phrase/new mantra/ of the World Urban Campaign, reflects the noble aspirations of humanity towards the struggle for the preservation of its future, which will be won or lost in cities.
But in this PATH, CNJUR World/ Europe wants to underline that the Urban Legal Framework that we have in the world is obsolete, disjointed, ineffective, unlinked, contradictory, and (in many cases) with insufficient or lacking of social legitimacy, and that battle is lost, if we don´t improve the comprehensive approach towards Habitat III,
Contributing to the improvement of legal frameworks as a tool for a peaceful and civilizational struggle against urban and environmental crisis (understood as change in a positive way, opportunity- Joan Clos) that humanity will face in times ahead.
Habitat III should be the first step to legally propose a new urbanism with focus on the human person.
One of the essential elements of derivative binding instruments of Habitat III is the establishment of international standards for the recognition, security and regulatory development of collective and individual fundamental rights that make up the “SO CALLED” right to the city (economic, social, cultural, civil, environmental and political).
This legal framework that will create strong relationships of rights and duties that will generate 3 concentric circles .
The first and wider: the right to the city. Conceived as collective right.
The second, The right to develop/create/ make or remake/rebuild cities; The right to urbanise.
The third property and tenure rights.
In this circled relationship it’s necessary the establishment of regulations to prevent, punish and redress mechanisms of control in order to assure the inforcement of those rights when they’re violated by acts or omissions of authorities or individuals;
Those obligations should be developed in different normative levels according to each legal system: constitutions, legislation, plans, programs or planning tools .
Three circles, interrelated, interconnected and integrated Three circles that generates collective and individual rights and duties related with The City We Need, related with The City We Hope, related with The City We believe and we will love to live in.
The European land use paradox. The Europeanisation of the territory.
Seventy percent of the legislation from Brussels is implemented by cities. But, cities do not take part in the process of creating these legislations. At the same time EUropean institutions don’t have a direct jurisdiction towards planning and land use law, there’s no European planning direct jurisdiction. This is the so called European land use “silent revolution”. The force of atraction of European law turns into this complex and interesting paradox.
The EU Urban Agenda aims to create an urban proof policy. This can be achieved through partnerships between member states, cities and the European Commission. All of these authorities will be cooperating directly for the very first time. Together, they will be able to detect where mistakes concerning policies have been made. European institutions call this process a ‘multi-level cooperation”. They will focus on legislation but also on finance and knowledge on important topics for cities such as the economy, air quality and housing.
These are the main challenges and priorities of the EU Urban Agenda have been fixed as:
- Urban poverty
- Inclusion of migrants and refugees
- Sustainable use of land and Nature-Based solutions
- Circular economy
- Climate adaptation
- Energy transition
- Urban mobility
- Air quality
- Digital transition
- Innovative and responsible public procurement
CNJUR Europe’s challenge wants to join efforts. Starting from the Prague Declaration and “The City We Need” we want to contribute with specific Urban Solutions in the European arena. Urban Solutions coming either from Up load experiences of case studies and harmonisation of land use regulations and the creation of European networks (The Natura 2000 Network, the TransEuropean Nets, The Urban Project) or examples of Download Europeanisation as the unification of urbanisation and developmemnt systems through the public procurement directives, or the harmonisation of urban regulated activities harmonised through the Services Directive.
Europe has been a big lab from where the International community can learn and experience how common legal frameworks, binding or not binding, may encourage, a new urban paradigme for the XXI century.
Article by CNJUR
Photo Credits: CNJUR (CC)
11 Dec 2017
27 Nov 2017