On 3 October 2022, the Boletín Oficial del Estado, the Spanish official gazette, published the“Ley 19/2022, of 30 September, for the recognition of legal personality for the Mar Menor lagoon and its basin”. The law came into effect on the day of publication. As the title indicates, it is a law that grants legal personality to the Mar Menor lagoon and its basin. This is the first time that a European area has been recognised as a legal subject and granted legal personality. The main points of this law are discussed below.
The law is an example of popular legislation where the public takes the initiative to submit a legislative proposal. Under the Spanish organic law of 3/1984 , more than 640,000 signatures were collected and the proposal was submitted to the Spanish Parliament. The aim of the proposal was to grant legal personality to the Mar Menor ecosystem and establish its rights through recognition as a legal subject. These rights are based on the intrinsic ecological value of the lagoon and intergenerational solidarity. The law was approved by a large majority. All parties, except for the far-right Vox, voted in favour.
Legal personality is granted to both the Mar Menor lagoon and to its basin. The lagoon is located in the province of Murcia in Spain. It covers an area of 135 km² and is the largest Spanish Mediterranean coastal lagoon and one of the largest in the western Mediterranean. The average depth of the lagoon is 4 metres and the maximum depth is 7 metres. It is separated from the Mediterranean Sea by a sandbar known as La Manga. This is 22 kilometres long, has a width of 100 to 1500 metres, rests on a rocky bed of volcanic origin, and has 5 channels that connect to the Mediterranean Sea. The basin referred to covers a total of 1,600 km² and is surrounded by various mountain ranges. The underlying aquifers are also included in the basin. The Mar Menor is also recognised as a Natura 2000 area.
The Mar Menor and its basin are granted the right to protection, conservation, management, and restoration at the expense of the authorities and its shoreline residents. It also has the right to exist as an ecosystem and to evolve naturally. The right to restoration requires that, once damage has been inflicted, measures in favour of the lagoon and its basin are taken. These must restore the natural dynamics, resilience, and ecosystem services.
The representation and management of the lagoon and its basin is carried out by three bodies: the Committee of Representatives, the Monitoring Committee, and the Scientific Committee. The three are referred to as the Guardianship of the Mar Menor.
The Committee of Representatives consists of 13 members, of which 3 represent the Spanish state, 3 represent the autonomous region of Murcia, and 7 are citizens. Initially, these citizens come from the steering group of the legislative citizen initiative. The role of the Committee of Representatives is to propose measures aimed at the protection, conservation, management, and restoration of the lagoon, based on input from the Follow-up Committee and the Scientific Committee, as well as to monitor and ensure the enforcement of the rights of the lagoon and its basin.
The Follow-up Committeeis formed by a representative from all municipalities located by the lagoon or in its basin. Furthermore, representatives are appointed by business and environmental organisations, trade unions, and organisations of local residents, fishermen, livestock farmers, agriculturalists, youth, and gender activists. These individuals must demonstrate that they have committed themselves to the protection of the Mar Menor and are designated in agreement with the most representative of these organisations. This occurs at the invitation and under the supervision of the aforementioned steering group.
The Scientific Committee consists of independent scientists and experts specialised in research on the Mar Menor. They are proposed by the universities of Murcia and Alicante, the Spanish Oceanographic Institute, the Iberian Ecological Association, and the High Council for Scientific Research. The scientific prestige and the absence of remuneration should ensure the independence of the Scientific Committee. The task of the Scientific Committee is to assist the Committee of Representatives and the Follow-up Committee. Furthermore, it is responsible for establishing indicators regarding the ecological status of the ecosystem, its risks, and the appropriate restoration measures, and to communicate this to the Follow-up Committee.
The law stipulates that any behaviour that harms the recognised and guaranteed rights by any public authority, private law entity, natural or legal person gives rise to criminal, civil, environmental, or administrative liability. They will be prosecuted and sanctioned in accordance with the criminal, civil, environmental, or administrative provisions in the corresponding jurisdictions.
Any action or conduct of an administrative authority that violates the provisions of this law is considered invalid and will be reviewed through administrative or judicial means.
Every natural or legal person has the right to defend the ecosystem of the Mar Menor and can enforce the rights and prohibitions of the law and the provisions it implements through a procedure before the competent court or public authority. This procedure is conducted in the name of the Mar Menor as a genuine interested party. The person who conducts this procedure and is upheld has the right to recover the full amount of this procedure, including, among other things, the fees of lawyers, experts, and witnesses, and is exempt from court costs and the guarantees for precautionary measures.
The administrative authorities, at all their territorial levels and through their bodies and institutions, have the following obligations:
- The development of a policy and the taking of measures aimed at preventing, early reporting, and protecting human activities that may lead to the extinction of the biodiversity of the Mar Menor and its basin or altering the cycles and processes that guarantee the balance in its ecosystem;
- Conduct awareness campaigns about the threats facing the Mar Menor ecosystem and inform about the benefits its protection brings to society;
- Conduct regular research on the state of the Mar Menor ecosystem and create an overview of current and future risks;
- The immediate restriction of activities that may lead to the extinction of species, the destruction of ecosystems, or the permanent alteration of natural cycles.
- The prohibition or limitation of the introduction of organisms or organic and inorganic material that could permanently disrupt the biological heritage of the Mar Menor.
Finally, the law provides that all provisions in conflict with the provisions of this law shall be repealed and that the Spanish government is tasked with approving, within its powers, the necessary provisions for the application and enforcement of the law.
The legal personality of the Mar Menor will be a significant test case for the rights of nature. The experiences with the Mar Menor will show us what the strengths and weaknesses are and where this model may need adjustment.
Also read: European first: Spain grants rights to lagoon to halt pollution (de Volkskrant 28/09/2022)