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Spain Challenges Galicia’s Wind Repowering and Disability–Dependency Rules at Constitutional Court

Madrid asks the court to suspend the disputed articles for invading state competences.

Overview

  • - The Council of Ministers approved the constitutional challenge on September 23 after receiving backing from the Abogacía General del Estado and the Consejo de Estado.
  • - The filing targets precepts including Article 30 (wind sector rules) and Article 45.5 (fixed equivalences between dependency grades and disability percentages), and it requests their suspension.
  • - The Government argues the repowering mandate conflicts with national electricity regulation by forcing turbine substitution, barring capacity increases, and delaying works for 18 months, and it also disputes Galicia’s zonification powers and the direct use of an EU directive to limit environmental impact assessments and alter authorization timelines.
  • - The Xunta defends repowering as a way to cut turbine numbers and landscape impact (estimating up to 800 removals) and says the dependency shortcut has already benefited more than 9,300 people this year.
  • - Bilateral talks settled most discrepancies (agreements on five of seven articles), but unresolved eolic and social-competence issues now go to the court, following a prior clash over the coastal law that ended with a ruling favoring Galicia.