Spanish Law 19/2022, recognizing the legal personality of the Mar Menor lagoon

Abstract

NEW RIGHTS-RIGHTS OF NATURE-LEGAL PERSONALITY OF THE MAR MENOR LAGOON Research project “The genesis of new fundamental rights in Spain within the framework of global constitutionalism (IUSGÉNESIS)”, State Research Agency/Project PID2021-126875OB-I00 and (ProyExcel_00457) ANTHROPOCENTRISM-ECOCENTRISM The era of anthropocentrism is being overcome by ecocentrism where a new relationship between humanity and Mother Earth of respect and balance is produced. It's called Ecocentric turn (MARTÍNEZ DALMAU), new legal eco-system (BAGNI), or new rule of law for nature (VOIGT). COPERNICAN TURN We can speak of the Copernican turn when nature goes from being an object protected by law to a subject holder of rights. SPANISH LAW 19/2022, 30 of September, LEGAL PERSONALITY OF THE MAR MENOR LAGOON In The Preamble of this law is stablished that, in a context “of an ecocentric interpretation of our legal system … the category of subject of law must be expanded to natural entities”. This law recognized some rights to the Lagoon: rights to exist and evolve naturally, to protection, to conservation and to restoration. The law creates three Committees for the representation and governance of the Mar Menor lagoon: - A Committee of representatives. - A monitoring Commission (Guardians of the Lagoon). - A scientific committee. The law preview that “Any natural or legal person is entitled to defend the ecosystem of the Mar Menor, and can assert the rights and prohibitions of this law and the provisions that develop it through an action filed in the corresponding Court or Public Administration”.