NUEVOS PERFILES DE LA RESPONSABILIDAD PATRIMONIAL DE LOS ENTES LOCALES SEGÚN EL TRIBUNAL CONSTITUCIONAL: PRUEBA INDIVIDUALIZADA DEL RUIDO, ADOPCIÓN DE MEDIDAS SUFICIENTES POR EL AYUNTAMIENTO Y DOCTRINA DEL TEDH SOBRE INTIMIDAD PERSONAL Y FAMILIAR EN EL ÁMBITO DOMICILIARIO.

Abstract

These lines contain a critical review of the thesis and foundations of the Constitutional Court's recent ruling 150/2011 of 29 September dismissing an appeal made on constitutional grounds against a ruling given in 2003 by the High Court of Justice of Valencia, which in turn concerned an appeal for judicial review filed by a private citizen. This person, before taking legal action, filed a claim with his city council for expenses and for damages due to suffering and bodily injury, caused by the excess of noise entering his home, located in a zone declared acoustically saturated. This claim was dismissed by administrative silence. Twelve years after the administrative claim, the ruling of the Constitutional Court sitting en banc put an end to all national channels of appeal in a decision with two dissenting opinions, each disagreeing in a different way and for different reasons. One agreed with the sentence but dissented from the reporting judge's arguments. The other (to which another two judges adhered) maintained that the doctrine set by the European Court of Human Rights had not been observed.