The High Court of Justice of Madrid has annulled several provisions of the capital’s Low Emission Zones, plunging the city into uncertainty about the future of these environmental restrictions.
A new development is shaking Madrid and its Low Emission Zones (ZFE). The High Court of Justice of Madrid (TSJM) has annulled several provisions related to these zones.
The decision follows an appeal by the political group Vox, which has long opposed traffic restrictions imposed to combat pollution.
Back to the facts
Three Low Emission Zones are currently in force in the Spanish capital: one covers the entire city, while two others – special protection zones – concern the historic centre and the Plaza Elíptica. These ZFE aim to prohibit access to certain vehicles in order to reduce the pollutionincluding nitrogen dioxide (NO₂), which is responsible for many deaths in the country. The TSJM did not question the very principle of ZFEs, which is a legal obligation under the Spanish climate change law.
However, the court found that the economic studies justifying these measures were “insufficient”, particularly with regard to their impact on the most vulnerable people, such as small businesses, the self-employed, and those who cannot afford to change their vehicle, the newspaper explains. The Country. As a result, parts of the 2021 Order establishing these ZFEs have been repealed.
For Vox, this decision is a real victory. The party, represented by Javier Ortega-Smith, did not hide its satisfaction: “Today, justice has been served. This order violated the principle of equality between the people of Madrid. It is a victory against the policies of climate fanaticism.”he said. Indeed, Vox has always criticized these environmental measures, calling them punitive for the working classes.
However, despite the partial cancellation, This is not yet a final decisionMadrid City Hall has 30 days to appeal the decision, which it appears likely to do. Meanwhile, the ZFEs remain in forceIn other words, fines continue to be imposed on motorists who do not respect the rules.
Environment versus social justice
The heart of the TSJM’s decision lies in a complex question: how to reconcile environmental protection and social justice? On the one hand, it is undeniable that pollution has dramatic consequences, especially for the most vulnerable populations in terms of health. In 2023, for the second consecutive year, Madrid complied with European limits on NO₂, which is a major step forward after years of exceedances that earned Spain reprimands from the European Union.
On the other hand, The judges found that the ZFE as currently defined disproportionately penalize the poorest citizens. The latter are often forced to use their vehicle for professional reasons or due to a lack of means to acquire a more environmentally friendly one. Although the courts have pointed out the economic shortcomings of the ZFE, they have not rejected the principle of these zones. It is now up to the municipality to find a balance between reducing pollution and supporting the most vulnerable populations.
Intermediate solutions could include subsidies for the purchase of less polluting vehicles or the extension of exemptions for professionals and the self-employed. The Ministry of Transport, for its part, strongly defends the establishment of these zones and points out that it is often the poorest people who suffer the most from pollution. It therefore calls on the municipality to appeal the TSJM decision and to seek measures that do not have a discriminatory effect while promoting sustainable mobility.
Source: www.autoplus.fr
