El règim jurídic del litoral català

Resumen

This thesis focuses on regional coastal planning, starting with a look at the scope of the new coastal planning responsibilities assumed by the Catalan Government as established in article 149.3 of the Statute of Autonomy of Catalonia, and then analysing the urban master plans for the coastal system. The thesis begins (Chapter 1) with a study of the evolution of the legal framework for coastal planning and its complex division of responsibilities, which has been conditioned by two recent events: the new responsibilities incurred by the Catalan Government in the matter of coastal planning and sentence 31/2010 passed by the Constitutional Court concerning the Statute. Then (in Chapter 2) other coastal planning models, with problems similar to our own, are studied by comparing cases in both foreign and autonomous law that provide solutions and ideas to help shape a more ambitious model for the protection of our coastline. The main body of the thesis (Chapter 3) deals with the key to the current plans for the Catalan coastline: the urban master plans for the coastal system. Seven years after they were passed a jurisprudential analysis has been conducted to know how well they fit in with the principle of municipal autonomy, their suitability to regional and municipal planning, and the possible pecuniary liability incurred by the state upon their approval. The thesis concludes (Chapter 4) by defending the need to articulate an integrated management model for the Catalan coastline with a Catalan law governing coastal planning, which would serve to deal not only with the risks this area is subject to, but also with the need to limit the negative effects of the proposed reform of the state coastal law