Constitutional Court's decision conditions approval of PSOEMA - Communication

Secretaria Regional do Mar e das Pescas

The Regional Secretary for the Sea and Fisheries stressed that the XIII Regional Government of the Azores has a different understanding of the Constitutional Court's decision declaring unconstitutional, with mandatory general force, some of the rules that were introduced at the beginning of 2021 into the so-called "Law of the Sea."

"This is a centralist attitude from the Constitutional Court that, regrettably, adds up to many others in other rulings, cause once again constraints to the competences held by the Autonomous Regions," said the government official.

The position was taken by Manuel São João at the first plenary meeting of the Advisory Commission that supports and monitors the development of the situation plan in the national maritime space area adjoining the archipelago of the Azores (PSOEMA) located between the baselines and the outer limit of the continental shelf up to 200 nautical miles. The meeting was held today in Horta.

However, given the decision of the Constitutional Court, the fact is that the Region cannot proceed with the approval of PSOEMA, through a Regional Legislative Decree, and its opinion is no longer binding in the context of national maritime spatial planning instruments that concern the continental shelf beyond 200 nautical miles," he stressed.

He continued: "The XIII Regional Government of the Azores did not move forward in the time gap between the entry into force of Law no. 1/2021 of January 11 and the declaration of unconstitutionality by the Constitutional Court, as it awaited with a legitimate expectation the decision of the advisory judges of the Ratton Palace, but also the amendment of Decree-Law no. 38/2015 of March 12."

"We firmly believe in the importance of maritime spatial planning in the Autonomous Region of the Azores, as a fundamental isntrument for maritime policies. The sea represents a crucial strategic asset for the Autonomous Region of the Azores, which must be developed, managed and preserved," he stressed, adding that "as a space of opportunity and potential for economic and social development - it imposes important challenges and responsibilities at the level of its governance and sustainable management."

According to the Regional Secretary for the Sea and Fisheries, Maritime Spatial Planning in the Azores emerges as a fundamental mechanism to counterbalance competing interests and ensure that society enjoys and benefits from the Azores Sea with a view to developing and safeguarding it for the present and future generations.

"This creates the necessary conditions for the private use of maritime space, without jeopardizing the common use, based on a coherent, transparent and reasoned decision-making process that allows public entities to implement a coordinated and integrated approach as regards the occupation of maritime space, based on the involvement of stakeholders," he defended.

Maritime Spatial Planning is primarily carried out by the Situation Plan, which gives shape to the public process of analysis and planning of the existing and potential spatial and temporal distribution of human uses and activities at sea. This is the first instrument that proceeds to the planning of the entire national maritime space, representing an important contribution to national cohesion.

The Situation Plan implements an intersectoral approach for the efficient and effective use of maritime space, within a context of mitigating potential conflicts between incompatible uses, while seeking to promote the coexistence of activities and maximise synergies.