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Constitutional Court Lifts Suspension of Galicia’s Wind Repowering and Dependency–Disability Provisions

The unanimous order restores the measures pending a merits ruling.

Overview

  • The court removed the provisional freeze on Article 30’s sections 2, 13, 17, 19, 20, 21 and 25 on wind farm repowering and on Article 45.5 establishing dependency–disability equivalences.
  • The decision was unanimous by the full court, with Justice José María Macías Castaño as the reporting judge.
  • The provisions now apply immediately until the Constitutional Court issues a final judgment in the coming months, and the order does not prejudge the outcome.
  • The central government challenged the law for allegedly intruding on exclusive state powers and sought to maintain the suspension, while the Xunta and the Galician Parliament urged lifting it.
  • In its reasoning, the court relied on the presumption of constitutionality and the absence of irreparable harm; the measures include mandatory repowering at 25 years without raising park capacity and automatic equivalence that granted over 12,000 recognitions, with about 2,600 affected by the pause.