The Consell de Ibiza has requested modifications in the bill in process in the Balearic Parliament. Balearic Parliament to combat the illegal parties in tourist homes, arguing that the proposed legislation is insufficient to cover all areas where these nuisances are generated. Mariano Juan, first vice-president of the institution, pointed out in the Commission of Island Councils held on Monday that although the initiative, presented by Més per Menorca, “goes in a good direction”, changes must be made to improve its effectiveness. From the Consell ibicenco insist that this regulation should not focus exclusively on tourist homes, but also in any other space where these parties can be held, such as agricultural warehouses or natural sites. Juan stresses that “nuisances are nuisances, regardless of where they occur” and that what is relevant is to punish those who cause them, not limited only to the field of tourist rentals.
Public festivals
The Consell also seeks that the new law differentiates between private parties and those that are held for profit and with open access by charging entrance fees. “Publicly attended parties are the most problematic,” Juan emphasized, referring to events where drinks are sold and anyone with a ticket is allowed to enter, a situation that turns these spaces into improvised discotheques in fraud of the law. This is a new battlefield to rearm the fight against illegal parties and to add to the service of private detectives hired by the institution. For Juan, the police“must be able to enter these places to evict these parties and nip this problem in the bud”. The inviolability of the home is enshrined in Article 18 of the Constitution in Title I on fundamental rights and duties, which limits it to cases of “flagrante delicto”, which is obviously not the case of an illegal party. Point 2 reads as follows: ”
The home is inviolable. No entry or search may be made therein without the consent of the owner or a court order, except in cases of flagrante delicto”.
This is the point that prevents the development of regulatory changes aimed at closing tourist apartments as a precautionary measure and that must necessarily have the endorsement of a judge.
Domicile or economic activity
However, Mariano Juan, in support of his position, has presented rulings of the Constitutional Court and ordinary courts in which it is specified that in these cases, as there is an economic activity, “there is no domicile” and, therefore, the authorities can enter and dissolve the celebrations. “It is a law that goes in the right direction, but it must be completed,” said the conseller.
Proposal for political consensus
The vice-president of the Consell made a call to the different political parties to reach a consensus that allows to give the green light to a comprehensive regulation to combat the nuisance derived from these activities, avoiding directly sanctioning the owners of tourist rentals. Juan stressed the need for a sanctioning regime that does not unfairly hold property owners responsible if they are not informed of the infringements of their tenants, which could violate the law.
