The Madrid City Council Maintains Its Position on ZBE Fines
In a recent announcement, the Madrid City Council made it clear that it has no intention of refunding the money collected from fines imposed in the Low Emission Zones (ZBE), despite the recent partial annulment of the regulations that supported them. The Deputy Mayor, Inmaculada Sanz, confirmed this decision during a press conference, arguing that current jurisprudence establishes that any regulatory change does not have retroactive effect.
The controversy arises after the rejection of the appeal for cassation presented by the City Council before the Supreme Court. This appeal sought to overturn a ruling that annulled part of the Sustainable Mobility Ordinance, known as ‘Madrid 360’, due to deficiencies in the economic and environmental reports. This situation has led to an intense debate about the legality and effectiveness of the fines already collected.
Despite the judicial setback, Sanz defended the validity and effectiveness of the current regulations, emphasizing that pollution levels have significantly decreased in Madrid. In this regard, she announced a relaxation of restrictions to allow the circulation of vehicles with environmental badge A, as long as current air quality indices are maintained.
The political reaction has been swift. The spokesperson for the Vox party in the City Council, Javier Ortega Smith, has announced his intention to present an urgent motion to demand that the mayor, José Luis Martínez-Almeida, fully refund the imposed fines. Ortega Smith accused the municipal government of acting with delay by appealing to the Supreme Court.
Sanz emphasized that this issue is not simply a political matter or an isolated proposal from the Vox party, but is firmly based on established legal principles. “There is nothing new,” Sanz stated, reiterating that there are sufficient prior rulings on how these situations should be handled when a regulation is in force and is subsequently challenged in court.
As this legal and political debate progresses, it remains to be seen how this will affect Madrid's citizens and their daily habits. The local administration seems determined to maintain its approach towards more sustainable mobility while navigating the legal challenges posed by recent judicial decisions.
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