La directora general que ha denunciat un intent de suborn: "The idea of making private uses on the coast outside of the norm still persists"

PalmIt was not easy for Marga Prohens to find a substitute for Carlos Simarro in the Directorate General of Coasts and Littoral. There was little of the legislature left, and the PP had a somewhat complicated electoral commitment pending, because the main responsibilities for the coast are still state-owned: repairing the beach huts, 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 that seeks to avoid demolitions is very close to being approved. Maria Joanquina Ferrer has been a civil servant of the CAIB since 1996. She is a law graduate and, above all, 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 lack of authorization. The partial transfer of powers to the community represents an opportunity to improve the effectiveness in defending the public domain, thanks to administrative proximity, which facilitates better knowledge of the territory, strengthens inspection capacity, and allows for a more agile response to infringements. However, let's be clear: the transfer was not made under the right conditions. Only 12 people were transferred, and the community has had to expand the team to 46 to assume the functions. Furthermore, neither all the powers nor the necessary resources 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 the protection of the coastline. In any case, it is a complex process that requires constant coordination with the State and sustained reinforcement of resources to achieve full results.

Demarcación de Costas has always complained about a lack of resources. A part was transferred to the CAIB. Has the CAIB also contributed its own resources to be able to manage better?

— Historically, coastal management has been conditioned by a lack of material and human resources. This situation worsened at the time of the transfer of competences, which was not carried out with the necessary foresight, especially regarding staffing. This made it difficult to handle the volume of accumulated files with guarantees. Currently, the Directorate General of Coasts and the Coastline 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. Even so, the volume of files and the complexity of the maritime-terrestrial public domain make it necessary to continue reinforcing resources. The line of work is to consolidate the team, streamline procedures, and gain efficiency in administrative response.

Is coastal management improving 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 coastal management, especially in terms of control, inspection, and processing of files. There is a clear will to reinforce discipline and ensure compliance with regulations. However, the perception still persists in some areas that the coast can be subject to private uses outside of regulations. This situation is due, in part, to a historical legacy of decades of insufficient control. The objective is to reverse this dynamic: to act with more determination, reduce the 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 coastal conservation. 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? In other communities it has not gone well.

— The new Balearic law is born with the will to improve the management of the coastline 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.