Citizen activism and legal personhood of the Mar Menor in Spain: promise and challenges

Abstract This article examines why the Mar Menor Lagoon in Spain, despite being protected by an extensive national and European Union legal framework, has endured decades of overexploitation and inadequate industrial practices that caused severe ecological degradation and water pollution. It also explores why national and EU authorities, despite acknowledging the damage, failed to implement recovery measures comparable to those successfully applied in other Autonomous Communities. Beyond its ecological importance, the lagoon carries deep cultural and emotional significance for local communities. This bond fostered the emergence of grassroots platforms that promoted a Popular Legislative Initiative (ILP), leading to the lagoon’s recognition as a subject of rights under the Spanish Constitution. This milestone marks a paradigm shift in Spain, moving from a traditional anthropocentric framework to an ecocentric model, making it the first European country to adopt such an approach. The article further addresses the regulatory framework governing the Mar Menor and its basin, structured as a private law entity with a complex decision-making process but lacking secure funding to achieve its objectives. A comparative perspective highlights earlier precedents, such as the Atrato River in Colombia. Finally, the analysis situates the debate within its political context and assesses the strengths and challenges of this new ecocentric model, emphasizing the conditions required for it to become an effective and sustainable instrument of environmental protection.