Coastal Laws evolution in Spain: An analysis from the public policy cycle

Abstract

This paper presents an analysis of the evolution of the legislation on coasts in Spain using the methodology of the cycle of public policies. This made it possible to recognize important differences in how the issue of coasts entered into the government agenda, the definition of the problem to be addressed and the design of each of the laws analyzed, mainly due to the influence of the political and economic context. The entry into the government agenda ranges from the need to take advantage of the coast to promote tourism, the recovery of State ownership of the maritime-terrestrial public domain (MTPD) and the attempt to recover private ownership of properties released from the MTPD. In the design, two important elements have been maintained in all three cases: the definition of public domain (PD) goods, and the establishment of easements on privately owned land. In the 1988 and 2013 Laws, the publicist and conservationist legal principles have been maintained, as well as the techniques of the PD and the impact on private rights over properties adjoining the MTPD. The implementation of the laws has been very contrasting. The first law was hardly implemented at all, while the two subsequent laws have been resolutely implemented by the state administration. Finally, the most important elements that are recognized in the evolution of the Coastal Laws is the protection of the PD and the affectation of private property through easements. However, that the legal framework is confusing as two current Laws coexist.