The GOB believes that the case concerning the systematic expiration of files has demonstrated the systematic incapacity of the Environment Ministry.

PalmThe Court of Instruction number 6 of Palma has decided to close the case against former Environment Minister Miquel Mir and members of the former leadership of the Balearic Government's Environment Department for alleged malfeasance related to the systematic expiration of files within the Department. Legal sources explained to ARA Baleares that it was not easy to keep the investigation open despite the complaint filed by the Environmental Prosecutor's Office, "since for malfeasance offenses, the intent must be clearly identified, and in this case, it appears to be primarily systematic negligence." The court closed the case precisely because, based on the statements taken, it cannot be concluded that the files were deliberately allowed to expire.

The case was initiated by the Balearic Islands Prosecutor's Office, based on extensive documentation provided by environmental agents, who were frustrated by the large number of files they had filed that languished in the Ministry's archives until their administrative expiration date. This practice, curiously, occurred particularly in cases involving the electrocution of birds. The agents provided documentation covering five years during which they filed hundreds of complaints that were never processed by the Administration to initiate the corresponding sanctioning procedures. This backlog of files had also passed through the now-defunct Anti-Corruption Office. The GOB (Balearic Ornithological Group) has already reacted to the news, stating that "it highlights a deeper problem: the Administration's inability to effectively process and sanction hundreds of environmental complaints."

The reporting officers expressed their "desperation" at the lack of processing of hundreds of complaints that they believed should lead to effective disciplinary proceedings. In addition to their own complaints, they also included reports from the Seprona (Nature Protection Service) of the Civil Guard, which, according to the complainants, were also not handled with the necessary diligence.

A court order that shifts the debate to the administrative arena.

The investigating judge has concluded that there is insufficient evidence of malice aforethought or deliberate intent on the part of the authorities to justify criminal charges, attributing the stagnation of administrative activity to bureaucratic complexity, workload, and, above all, a lack of specialized personnel to manage the volume of cases. This explanation coincides with the version given by the Executive Branch, which justifies the delay by citing a lack of available resources, but this explanation has been challenged by various agencies and organizations. For the GOB (Balearic Ornithological Group), however, the court ruling exposes a "structural breakdown of the environmental protection system." For years, the environmental organization has denounced the lack of technical and administrative staff to process sanctioning cases, which condemns many complaints to languish in a drawer, and the fact that the statute of limitations—which prevents sanctions—is the rule rather than the exception. This lack of resources, they assert, renders on-the-ground inspections a symbolic task if they cannot ultimately lead to real consequences.

Context of internal unrest and administrative changes

This situation arises within a context of internal procedural changes that generated unease among the officers themselves at the beginning of this legislative term: for months, the Ministry of Agriculture, Fisheries and Natural Environment has mandated that complaints be submitted through an internal registry instead of the General Registry, a change that, according to internal sources, complicates the tracking process. Some have openly criticized this as an initiative to undermine their inspection work. At the same time, the officers have expressed concern that internal guidelines would limit their operational autonomy. investigate or open complaint filesThis would create tension about exactly what its function and scope of action is within the environmental regulations.

Environmental legislation is just empty words.

For the GOB (Balearic Ornithological Group), the dismissal of the criminal case should not diminish the demand for effective administrative structures: the Ministry of Natural Environment must be provided with sufficient and specialized personnel so that all complaints filed by agents can be transformed into sanctioning procedures and resolved within the legal timeframes, thus avoiding delays. Without this step, they warn, environmental legislation ends up being "mere paper," dependent on the will and resources that the Administration decides to allocate to it.