Summary
On November 20, 2024, Spain’s Constitutional Court issued a landmark ruling upholding the constitutionality of the Mar Menor Act of 2022, which granted legal rights to the Mar Menor Lagoon and its basin. The Act itself was historic, representing the first ecosystem in Europe to be recognized as a legal person under a Western legal framework. The constitutional challenge, which was brought by political opponents arguing that the law violated traditional property and governance regimes, posed a critical test for the Rights of Nature movement in Europe.
In its decision, the Court affirmed that the Rights of Nature are fully compatible with the Spanish Constitution, marking the first time an EU member state’s highest constitutional authority has explicitly recognized the legitimacy of a Rights of Nature framework. The Court underscored the importance of integrating non-anthropocentric legal approaches into environmental governance, emphasizing that protecting ecosystems as subjects of rights is consistent with constitutional principles of environmental protection, democratic participation, and human wellbeing.
The ruling not only secured the continued enforcement of the Mar Menor Act but also sets a constitutional-level precedent with implications across Europe. By validating the Act, the Court strengthened the role of communities, scientists, and public authorities tasked with safeguarding the lagoon, while also reinforcing the capacity of individuals to defend its rights in court. More broadly, this ruling opens the door for further adoption of Rights of Nature laws within the EU.
Impact Statement
Spain’s Constitutional Court ruling carries weight well beyond Spain. It sets a regional precedent for the viability of Rights of Nature within European legal systems, demonstrating that such frameworks can withstand judicial scrutiny at the highest level. The decision strengthens the credibility of non-anthropocentric legal approaches in global jurisprudence and provides a persuasive reference point for communities, lawmakers, and courts across Europe seeking to advance Rights of Nature initiatives.
Involved Organizations
Related Initiatives
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/spain-constitutional-court-ruling-on-the-mar-menor-act-of-2022/.
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