“Law should encourage the concept of responsible statement”
Martin Aleñar, Dean of the Bar Association of the Balearic Islands
ibeconomía.com - sábado, 18 de febrero 2017 | 7:00 Hrs.
Administrative procedures must be simplified and rationalized.
Martin Aleñar is the Dean of the Bar Association of the Balearic Islands from 2012. He was re-elected last December for second time.
In relation to foreign investment, how can we assess legal certainty in the Balearic Islands?
Like all of the Spanish regions, we are having difficulties in attracting foreign investment. One of the reaons is the slowness of the Spanish Commercial Court System, which blocks many business conflicts. The difficulty of acquiring financial resources and the overabundance of legislative activity that constantly changes the laws and prevents the market to find trust and credibility are the other elements to consider.
It is beyond any doubt that current laws regarding business activity are not only unstable but also extremely diverse depending otn the different regional governments or, even, on the local authorities.
What legal measures could be encouraged to reinforce investment in the Islands? In which economic sectors should they be applied?
I believe that the autonomous government should encourage, on one hand, economic, tax and labour measures that would, first, make it easier to invest; second, create jobs, and, third, bring recovery of consumer spending; on the other hand, the autonomous government should simplify administrative tasks, which are absolutely necessary to ease the economy and to lead the Balearic Islands into the top most interesting places to invest.
It is evident that economic activity must fulfil labour, environmental and other requirements but it is also necessary to admit that administrative procedures regarding investments and businesses must be simplified and rationalized, and should encourage, for instance, the concept of responsible statement.
In my opinion, new effective support measures for entrepreneurs should also be adopted and public policies of economic backing increased, to help in the first stages and the good development of new businesses.
I also find the establishment of efficient export and globalization support measures very necessary, if we are to follow the present global situation. I firmly believe that businesses that choose globalization or export enjoy better growing possibilities. In fact, most of them were better off during the recession because they worked in several countries and, therefore, they didn’t run the risk derived from selling products or services in just one country.
It would be a good idea to increase extrajudicial resolution of commercial conflicts, by promoting arbitration clauses in contracts, agreements between organizations or mediation procedures. In that aspect, in case of conflict, I encourage all employers to use the Mediation Institution of the Balearic Islands professional service, a body comprised of the Mallorca, Menorca, Ibiza and Formentera Chambers of Commerce and the Balearic Association of Lawyers and Notaries. The Mediation Institution was specifically founded to provide extrajudicial resolution of commercial and civil disagreements through negotiation between parties, which is, compared to a court resolution, much faster and also has the power of maintaining commercial relationships.
Last, I find it absolutely necessary to support new strategies and measures that make the Balearic Islands a pioneer region in the development of new technologies, especially those related to the tourist sector. I believe we have a great potential we must take advantage of, so that everybody in this sector considers the Islands a model.
What legal and tax changes do you expect that might favour the expansion of any company located in the Balearic Islands?
I am unaware of the intentions regarding the Balearic administrations, but I would recommend, on top of above mentioned measures, the Local law of the Balearic Islands to be encouraged; also, to boost tax measures that would, first, reduce costs derived from insularity (and plural insularities); second, allow an increase in high-quality residential investment; and third, attract investors.