The Málaga Prosecutor’s Office has initiated preliminarypre-procedural criminal proceedings on Renfe and its managers as a result of the complaint made by the CGT union in which it stated that the elimination of Cercanías trains in Málaga “it violates citizens’ rights and could be considered criminal according to the Penal Code ”.
According to the CGT, the 34 daily commuter trains suppress you in the center of Malaga are framed within the Public Service Obligations that “Renfe is obliged to provide and for which it receives public subsidies in accordance with the contract it has with the State and which is in force until 2027 ”.
The union warns that since the beginning of 2021 and to date there are more than 3,600 suppressions of OPS Cercanías trains in Malaga despite the fact that the contract in force until 2027 establishes that “at least 136 Cercanías services must circulate daily in our province – 108 in Málaga-Fuengirola line C1 and 28 in Málaga-Álora line C2 ”.
Public service obligations in Spain comply with the European directives that are developed through Regulation (EC) 1370/2007, whose objective, according to trade unionists, is to “define the modalities according to which, in compliance with the provisions of Community law , The competent authorities may intervene in the sector of public passenger transport to guarantee that the provision of public services of general interest -such as Cercanías- are more frequent, safer, of higher quality and cheaper than those that the simple game of the market would have allowed lending ”.
In the case of our country, these bases are established through two agreements of ministers, and the recent Law 38/2015 of the railway sector, with which the new regulations contained in the European Directives are incorporated into the Spanish legislation.
The Cercanías rail services are the responsibility of the General State Administration and are considered of general interest “for reasons of environmental, social and economic efficiency compared to other modes of land transport”, as established by the Agreement of the Council of Ministers of 30 / 12/2010, which regulates the public service obligations of passenger rail transport services provided by Renfe-Operadora on the General Interest Railway Network.
In this line, they warn that “the unilateral decision to suppress Cercanías trains not only violates the basic right to mobility of citizens, but also contravenes the contract-program itself after the agreement adopted by the Council of Ministers in which it stands out that public services of general interest such as Cercanías have the vocation to be more frequent, safer, of higher quality and cheaper ”.
From the CGT they have stated that after the admission for processing of their complaint, “we hope that the merits of the matter are reached for the benefit of citizens’ right to mobility and the charges that correspond to those in charge of Renfe are made due to arbitrary decisions that could lead to a unjust enrichment at the expense of the common good and the taxes of all ”.