The distribution of powers over the coastline. Examination of recent rulings of the Constitutional Court

Abstract

The text analyzes recent rulings of the Constitutional Court (68/2024 and
119/2024) on the distribution of powers over the coastline. It focuses especially
on who holds the authority to manage the maritime-terrestrial public domain
(DPMT). The Court establishes that the State retains ownership and sets the
basic legal framework of the DPMTHowever, it recognizes Autonomous Communities
can manage permits for occupation and use of the coast. This management
is considered part of the regional power over coastal planning. It thus
reinforces a model of shared powers that requires coordination between administrations.
The Galician coastal law is largely deemed constitutional as it
respects state regulations. Only one provision is declared unconstitutional for
discriminating based on the origin of vessels. Compensatory concessions remain
under exclusive State authority due to their expropriatory nature. In conclusion,
the rulings consolidate a decentralized model that strengthens regional
roles in coastal management.