The State appeals to the Constitutional Court against the Valencian law that the Balearic Islands have copied to save illegal chibius

PalmThe government of Pedro Sánchez has decided to take Law 3/2025 on the protection and management of the Valencian coast to the Constitutional Court. This law, like the one prepared by the central government, aims to create a framework to protect irregular buildings and economic activities within the public maritime-terrestrial domain. Bars, small restaurants, and shacks that violate the national Coastal Law are included in the register of constructions that the regulations consider to be of "cultural interest." under the pretext of protecting heritageAccording to the Valencian regional government, the objective of the regulation is "to guarantee legal certainty and the continuity of existing economic activities, including constructions that, without prejudice to compliance with sector-specific regulations, are considered to be of cultural interest." The government of Marga Prohens The standard has been finalized and is ready to be approved as a bill. and process it in Parliament, but sources within the Executive assure that this will not happen until after Easter.

The Valencian government's formula for creating a coastal heritage registry is the same strategy the central government has followed to prevent the State from seizing thousands of coastal structures – up to 3,000 according to some sources. These buildings range from boatyards to hotel swimming pools and restaurants like Illetes, in Camp de Mar (see photograph), which is located on an islet in the middle of the beach and lacks current authorization to occupy public land. Many of these establishments already have demolition orders from the Ministry for Ecological Transition – as is the case in the Valencian Community. According to legal sources consulted by ARA Baleares, the regulation drafted by the Ministry of the Sea and the Water Cycle contains articles that appear to be copied from the Valencian one.

The core regulations of the draft law on the comprehensive planning and management of the Balearic Islands coastline follow a pattern very similar to the one challenged by the State. The strategy includes a register of buildings and economic activities with heritage value that would allow for their legalization. de facto Illegal establishments. According to technicians from the regional government and the Directorate General of Coasts consulted by ARA Baleares, there are thousands of makeshift beach bars and restaurants located within public land in the Balearic Islands, which, at best, have expired permits. Most are concentrated on the Mallorcan and Ibizan coasts, where these establishments occupy beaches with sunbeds, walkways, and seasonal services without complying with legal coastal regulations. Although Balearic law refers to the "protection, conservation, and improvement of the historical and cultural heritage of the coastline," the practical intention is to safeguard constructions that violate national regulations.

Complaints from environmental groups

The main environmental groups in the Balearic Islands criticized the approach of the new coastal law and the idea of ​​'protection' it proposes, especially because it could be used to legalize constructions and activities that violate national coastal regulations. GOB spokesperson Margalida Ramis warned that, although the law speaks of protecting the coastline, it actually "expands and consolidates pre-existing uses that are unrelated to coastal protection" and jeopardizes the natural values ​​it purports to safeguard. The GOB has highlighted specific cases, such as that of the El Bungalow restaurant (Ciudad Jardín), which continues to operate and occupy public maritime space, and has criticized the "apparent inaction" regarding orders from the Coastal Authority. "The courts have always ended up ruling in favor of the State when municipalities or autonomous communities try to legalize irregularities in public domain," explains a Coastal Authority technician who requested anonymity. The environmental organization has demanded that the draft bill be halted and withdrawn because it is contradictory and presents "inconsistencies" regarding the conservation objectives it seeks to justify.

Similarities with the Valencian version

A comparison between the Valencian and Balearic laws reveals striking similarities: registration of buildings, recognition of pre-existing economic activities, and the use of heritage arguments to justify their legalization. The strategy is almost identical: to create a regulatory framework that legitimizes irregular constructions under the guise of cultural protection. However, the Galician precedent serves as a warning that the State only tolerates room for maneuver within the legal limits of the public maritime-terrestrial domain. In the Valencian case, the appeal to the Constitutional Court underscores that powers such as the use of public domain, especially for buildings and economic activities, are exclusive to the State. Thus, if the Balearic Islands approve their law with articles that aim to legalize illegal bars and shacks, they could face a similar appeal. The similarity of the registries and administrative mechanisms between the two regions accentuates this vulnerability.

Although environmentalists and experts consulted by ARA Baleares believe the bill seems more like a strategy to "save" irregular economic activities under the guise of heritage protection than a strict conservation tool, the Balearic Government denies this. The Minister of the Sea and the Water Cycle, Juan Manuel Lafuente, has repeatedly stated that the law aims to "make coastal urban planning and use compatible with protection and preservation," and asserted that the coast is "a natural and cultural heritage that we must protect." According to the Executive, the legislation must also preserve traditional elements linked to maritime activity, such as boatyards.

Election promise

During the 2023 election campaign, Marga Prohens announced she would enact this legislation to preserve coastal buildings. She visited Formentera twice, emphasizing her commitment to these structures. The People's Party (PP) is aware of the social importance of this issue on the smaller Pitiusa island and, for this reason, has prepared regulations that, in some ways, reflect the philosophy promoted by Mariano Rajoy's Spanish government. In 2013, a reform of the Coastal Law was approved, a significant modification of the 1988 legislation with substantial changes to the regime of the public maritime-terrestrial domain and to the approach to occupations, concessions, and delimitations. The reform aimed to facilitate extensions of concessions and other pre-existing uses, including aspects that, according to critics, would benefit private coastal occupations. The Constitutional Court declared several provisions of the 2013 reform unconstitutional and void following an appeal filed by the Socialist Parliamentary Group in Congress. The Court deemed unconstitutional those parts that attempted to restrict criteria regarding uses and purposes, thus violating Article 132.2 of the Constitution, which grants the State ownership of the public maritime-terrestrial domain. Galicia also attempted to do so.

Another example of regional regulations attempting to facilitate activity on public land is Galicia, where a similar law was passed in 2023 to try to regulate businesses and homes on the beachfront. However, in this case, the focus was not so much on bars and restaurants, but rather on companies linked to fishing and industrial activities typical of the Galician coast. The central government also challenged several articles before the Constitutional Court, which ultimately struck down some for exceeding regional powers, but upheld others that allowed the region to regulate certain economic uses with clear limitations, such as water treatment systems and certain privileges for Galician vessels.