La ordenación de los espacios marinos en la Unión Europea y en España.

Resum

«The purpose of this paper is to analyze in detail the Framework Directive for the Management of the Marine Environment and the rule that has transposed it to our internal order, Royal Decree 363/2017, of 8 April. This regulatory standard has two objectives, on the one hand, as stated, transpose the European Directive and, on the other, develop the art. 4.2 of Law 41/2010, of December 29, on the protection of the marine environment. The development of a precept of the LPMM has allowed the government to use a rule of a regulatory nature to transpose a European Directive, when, without a doubt, the use of a norm with the rank of Law would have been more appropriate. On the other hand, as the Council of State made clear in its mandatory opinion, the double purpose of the Royal Decree studied assumes that the Royal Decree has the character of a development rule of a Law that transposed Directive 2008/56 / CE and, in turn, transpose Directive 2014/89 / EU, when the second Directive is not the development rule of the first. Between one and the other there is only one area of common action, the sea, but the one and the other start from different objectives and, probably, not always coincide: the protection of the marine environment the first one, favor the development of economic sectors, the second. For the rest, the Royal Decree, object of our study, presents some questions on which it is worth deepening, such as the area in relation, fundamentally, with coastal waters, the legal nature of the plans, their contents and cooperation, questions, all of them, that are analyzed with more or less detail in the present study.»