El urbanismo sostenible de proximidad: la Ley 10/2019, de 27 de junio, de Ordenación Territorial de Grandes Establecimientos Comerciales del País Vasco

Abstract

The Basque Parliament has approved the Law 10/2019, of 27 June, on the territorial planning of large commercial spaces, regulating the establishment and enlargement of large commercial establishments in the Autonomous Community of the Basque Country, in order to adapt its regulations to the requirements of the Services Directive and the doctrine of the Court of Justice of the European Union and the Supreme Court. From the perspective of territorial planning, and for the sake of greater legal certainty, it seeks to demonstrate in a sufficiently reasoned manner that the new planning observes the triple condition of necessity -especially to avoid sustainable and environmental problems derived from peripheral trade-, non-discrimination and proportionality, and the theoretical non-existence of an economic interest in protecting the small commerce. In this sense, the analysis of its content shows that this law promulgates a sustainable territorial model of compact city that promotes sustainable mobility and protects urban commerce of proximity, which serves as a matured basis to dictate precepts that establish the preference of the implantation of large commercial establishments in the residential urban area.

Keywords

• commercial town planning
• compact city
• large commercial spaces
• sustainable mobility
• urban commerce