El fiscal presenta queja contra Bernabé por competencia de emergencia correspondiente a Pradas

The request for an investigation into Dana’s leadership that led to the rejection of the association’s appeal against the delegate of the government, Pilan Bernabé, was emphasized by the prosecutor to the judge. The prosecutor’s letter, obtained by Europa Press, highlights that the decision to admit the complaint against Bernabé aligns with the law, citing the exclusive competence of the Generalitat Valenciana in civil protection and public safety. This includes situations 0, 1, and 2.

After reviewing documentation from AETT, the Júcar Hydrographic Confederation, and activated alerts between October 26 and 30, the prosecutor concluded that the declaration of a state of emergency due to the risk of flooding was appropriate. It was determined that Bernabé’s role was not to declare a national interest urgently but rather to coordinate between state and autonomous administrations, ensuring proper risk management principles were followed.

The organization supported Bernabé’s authority to make decisions that could have prevented deaths or injuries during the Dana event. However, the prosecutor stressed that the constitution and autonomy status grant the Generalitat Valenciana exclusive competence in civil protection and emergency management, as outlined in Law 13/2010.

Furthermore, the Consell is responsible for managing and coordinating civil protection within the Valencian community, with the Ministry overseeing the Emergency Coordination Center. Specific functions of the department head are detailed, including convening emergency meetings, directing response plans, and establishing the Integrated Operational Coordination Center (CECOPI).

CECOPI, mandated by law, serves as the body through which the Generalitat supervises emergency management activities. The special plan for flood risk in Valencia directs the plan and management committee. In emergency situations 0, 1, and 2, the General directs operations, and in national interest cases (3), the plan director, designated by the Generalitat, determines protective measures for the population.

For enhanced coordination, a management committee is formed when CECOPI is activated for an Emergency Declaration 2 or 3. This committee includes representatives from the Generalitat and the General State Administration. The Generalitat representative acts as the plan director in non-national interest cases, while in national interest cases, the State Administration representative assumes this role.

FUENTE