Comings and goings of an “uncomfortable” reality. The norm, and, the Spatial Planning as a change and transformation of the Development Models. Case study

Abstract

Changes in the Development Models of a territory, at the local level, on many occasions are linked to legal decisions that, beyond the political and geographical sphere, represent a true “metamorphosis” of the human and economic reality of a región, such as the “Morrazo”, more specifically the Pontevedra estuary. In fact, when examining the matter with which we deal in this scientific dissertation, we can contemplate how, in the absence of a General Law (or Framework Law) on the Environment within our current and current Constitutional legal system, able to assimilate and contemplate in relation to the environment the protectionist and conservationist challenges that contemporary societies demand and require from the established public powers, at the present time (as it differs from the ENCE case, studied here), the citizen means (either through the ordinary channels contemplated to defend any type of legitimate interest, either through public action contemplated in any of the normative bodies of environmental literality to use), they cannot invoke or the protection of a right (such as the right contemplated in the constitutional articles tending to recognize the possibility of enjoying an environment suitable for the development of the person), nor the possibility of protecting certain assets (which, as in the case analyzed, form and make up the so-called maritime-terrestrial public domain, in this case the Ría de Pontevedra), forcing (both citizens and public powers) to have to resolve their disputes (arising around the protection and conservation of resources) around acts that, as in the case of concessions, are characterized by belonging to the administrative field, interested exclusively in the actions tending to temporarily authorize the use and exploitation (that is to say utilization) of goods and resources through the payment of canons, aside from any concern (and contemplation of any responsibility) for the final result that the use may finally bring about and the use by human beings of certain lands conducive to their exploitation.