The transposition into spanish domestic Law of the Directive establishing a framework for maritime spatial planning. Application to coastal waters

seguridad jurídica, eficacia y buena administración. El peligro de la corrupción

Abstract

In recent years, the EU's Integrated Maritime Policy (IMP) has produced two important directives: the 2008 Marine Strategy Framework Directive and the 2014 Maritime Space Management Framework Directive. The first was incorporated into Spanish domestic law by Act 41/2010, of 29th December. According to this Act, marine strategies were approved in 2018, with the aim of achieving or maintaining a good environmental state of the marine environment. The second Directive, incorporated into domestic law by Royal Decree 363/2017, of 8th April, provides for the approval of a maritime space management plan for each of the Spanish maritime demarcations. This paper recalls the differences between the text proposed by the European Commission and the Directive finally adopted. Additionally focuses on some legal problems raised by the Royal Decree 363/2017: (a) its legal nature; (b) exclusions from its scope, in particular those relating to coastal waters; (c) the concurrence of planning instruments over these waters, and, specifically, marine strategies and maritime space management plans.