Spain court case: applying the legal personality of the Mar Menor

Summary

In 2023, a court of Instruction (No. 4) in Cartagena, Murcia, applied Spain’s Law 19/2022 (the Mar Menor Act) in a criminal investigation into discharges from hazardous mining waste pools at the Los Blancos landfill into the Mar Menor Lagoon, thereby possibly violating the rights of Mar Menor. This was the first time the Mar Menor legal personality was invoked in court. In accordance with the provisions of the Law, the court summoned Mar Menor’s Committee of Representatives (it’s guardians under the law) to appear in the legal proceedings.

In the court order, dated August 31, 2023, the Judge informed the Mar Menor of its right to join the proceedings as a private prosecutor, and offered a civil action in order to claim its right to reparation of damages. The court order was communicated to the Mar Menor Committee of Representatives, who were considered by the judge to be the Lagoon’s Guardians, allowing them to act at this criminal case. NGOs (Greenpeace, ANSE, SOS Mar Menor) and seven city councils also were permitted to participate.

Impact Statement

This court order demonstrates that legal personhood under Spain’s Rights of Nature law is not merely symbolic but actionable. It sets a precedent for the legal movement in Europe by illustrating how Rights of Nature laws can gain juridical force in criminal and civil law, offering a template for similar ecosystem-driven litigations.

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