Identifier: TFG:542
Authors: Marcos Vidal, Sandra Cristina
Abstract:
The maritime-terrestrial public domain (MTPD) gets maximum protection through Art. 132 and 149.1.23 CE 1978 and Coastal Law (CL). This law has undergone a major reform in 2013, causing many problems of interpretation and creating legal uncertainty. The purpose of the reform proclaimed legal certainty and the protection of the environment. Despite of what’s shown in the text, this has not met the expectations and has leaded into a policy failure on behalf of the economic interests of the individuals against the general protection and conservation interests of the MTPD. The reform has reduced MTPD boundaries, leaving more space in the public domain and creating the possibility of being acquired by private to private domain. It has increased the duration of the administrative concessions so that the concessionaire can enjoy the public domain for a long period of time, getting to act as if it were privately. It has become the concept of inter vivos transmission, which was repealed by the CL 1988 and 2013 reform the legal business has recovered once again expanding the scope of individuals. The possibility of extending the concessions has also been reformed to increase up to 75 years (formerly 30), thereby generating an extended period of enjoyment of these and a great problem of interpretation as to whether the time already spent should be added to the 75 years or the maximum limit which is 75 years. Compensatory concessions have also been renewed, and they can be extended up to 75 years as ordinary concessions.
Repositori URV