La Nature sujet de droits en Espagne La loi sur la protection du Mar Menor, entre révolution législative et outil de gestion durable, pour quelle effectivité ?
Résumé
This commentary proposes a reading of the new Spanish Act for the recognition of the legal personality of the Mar Menor lagoon and its basin. Published on September 30, 2022, the new Act is bold and almost "revolutionary" from a legal point of view. Hailed by some, criticized by others, the law does not leave indifferent. It gives legal personality to a lagoon located in the southern Mediterranean of Spain. The Act grants a series of rights to this natural entity and establishes a new system of governance. A number of issues remain unresolved by this Law, including its integration into the pre-existing legal system, the functioning of the new governing body and the different degrees of responsibility accorded to each. The purpose of this commentary is to introduce the new text and clarify its scope.