Maria Joaquina Ferrer: "The idea of private uses on the coast outside of the norm still persists"

PalmaIt was not easy for Marga Prohens to find a substitute for Carlos Simarro at the Directorate General of Coasts and Littoral. Little of the legislature remained, and the PP had a somewhat complicated electoral commitment pending, because the main competences of the coast are still State-held: repairing the beachfront houses, the piers, and also other businesses within public domain. It was an electoral bet by Prohens, mainly in Formentera and, for this reason, a draft law on the littoral is close to being approved that aims to avoid demolitions. Maria Joanquina Ferrer has been a civil servant of the CAIB since 1996. She has a Law degree and, above all, is honest: she has just reported an attempted bribery, precisely from a coastal business. At the time of this interview, the facts were not known.

In the Balearic Islands there are hundreds of constructions in the public domain without authorization. Can the partial transfer of competences to communities like the Islands contribute to a more effective defense of the public domain?

— In the Balearic Islands, as in the rest of the state's coastline, there is a significant volume of irregular occupations of the maritime-terrestrial public domain, either due to the expiry of concessions or the lack of authorization. The partial transfer of competences to the community represents an opportunity to improve the effectiveness of public domain defense, thanks to administrative proximity, which facilitates better knowledge of the territory, strengthens inspection capacity, and allows for a more agile response to infringements. However, we must also be clear: the transfer was not made under adequate conditions. Only 12 people were transferred, and the community has had to expand the team to 46 to assume its functions. Furthermore, neither all the competences nor the necessary means were transferred, a situation that implies a cost for the Community. All this while the State continues to collect 100% of the fee without any guarantee that it will be reinvested in coastal protection. In any case, it is a complex process that requires constant coordination with the State and sustained reinforcement of resources to achieve full results.

Demarcació de Costes has always complained about a lack of resources. Part of it was transferred to the CAIB. Has the CAIB also contributed its own resources to enable better management?

— Historically, coastal management has been conditioned by a lack of material and human resources. This situation worsened at the time of the transfer of powers, which was not carried out with the necessary foresight, especially regarding staffing. This made it difficult to assume the volume of accumulated files with guarantees. Currently, the Directorate General of Coasts and Littoral has a team of 46 people, resulting from both the transferred resources and the Government's effort to strengthen its structure. Furthermore, its own resources and technical profiles have been incorporated to improve inspection, management, and administrative processing capacity. Nevertheless, the volume of files and the complexity of the maritime-terrestrial public domain make it necessary to continue strengthening resources. The line of work is to consolidate the team, streamline procedures, and gain efficiency in administrative response.

Is coastal management being improved in terms of preventing abuses? Or is it seen as a place to do business, even without permission, as is the case with the Bungalow?

— Progress is being made in the management of the coastline, especially in terms of control, inspection, and processing of files. There is a clear desire to reinforce discipline and ensure compliance with regulations. However, the perception still persists in some areas that the coastline can be subject to private uses outside of regulations. This situation is partly due to a historical legacy of decades of insufficient control. The objective is to reverse this dynamic: act with more determination, reduce margins of impunity, and consolidate the idea that public domain is a collective good that must be protected. In this regard, it is essential to find a balance between economic activities and the conservation of the coastline. The lack of resolution of files not only generates legal uncertainty but can also lead to the deterioration and abandonment of certain coastal areas.

How will the new Balearic law contribute to improving its management? Will they manage to legalize constructions considered traditional? It has not gone well in other communities.

— The new Balearic law is born with the will to improve coastal management through greater regulatory clarity, more effective control tools, and better organization of existing situations. Regarding constructions considered traditional, a case-by-case approach is foreseen, with the aim of responding to historical realities always within the legal framework and without compromising the integrity of public domain. The experience of other communities shows that these are complex processes and require a very careful balance between legal certainty, environmental protection, and general interest.