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The Implementation of the Water Framework Directive and Territorial Disputes in Spanish Law

The Implementation of the Water Framework Directive and Territorial Disputes in Spanish Law Isabel GALLEGO, Nuria GARRIDO & Francisco DELGADO* 1 INTRODUCTION1 : IS IT SO DIFFICULT? Directive of 2000 is not proving easy for Spain. Despite a long experience in river management based on basins and water planning, our country experiences a considerable delay in its implementation. In principle, the difficulty in implementation of the Directive (WFD) is not surprising. The WFD has a remarkable technical complexity and prescribes ambitious goals. But apart from these drawbacks common to all states, there is an additional factor. The Spanish government is strongly decentralized. Still, this should not be important, since the water management based on basin districts is traditional in our law. Spain has around twenty-five river basins, out of which six are international, sharing water courses with France to the northeast and Portugal to the east. The deadline for publishing River Basin Management Plans was 22 December 2009. Nevertheless, up to now only six management Plans has been adopted.2 All of them are regional. As we will explain, the adoption of River Basin Management Plans of the main Spanish rivers is a responsibility of State Authorities. Given the considerable delay that Spain accumulates in the transposition of the WFD, the European http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

The Implementation of the Water Framework Directive and Territorial Disputes in Spanish Law

European Public Law , Volume 19 (4) – Jan 21, 2013

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Kluwer Law International
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1354-3725
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Abstract

Isabel GALLEGO, Nuria GARRIDO & Francisco DELGADO* 1 INTRODUCTION1 : IS IT SO DIFFICULT? Directive of 2000 is not proving easy for Spain. Despite a long experience in river management based on basins and water planning, our country experiences a considerable delay in its implementation. In principle, the difficulty in implementation of the Directive (WFD) is not surprising. The WFD has a remarkable technical complexity and prescribes ambitious goals. But apart from these drawbacks common to all states, there is an additional factor. The Spanish government is strongly decentralized. Still, this should not be important, since the water management based on basin districts is traditional in our law. Spain has around twenty-five river basins, out of which six are international, sharing water courses with France to the northeast and Portugal to the east. The deadline for publishing River Basin Management Plans was 22 December 2009. Nevertheless, up to now only six management Plans has been adopted.2 All of them are regional. As we will explain, the adoption of River Basin Management Plans of the main Spanish rivers is a responsibility of State Authorities. Given the considerable delay that Spain accumulates in the transposition of the WFD, the European

Journal

European Public LawKluwer Law International

Published: Jan 21, 2013

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