The recognition of the Mar Menor as a subject of rights under Spanish Law 19/2022 marked the first instance in Europe of granting legal personhood to an ecosystem. This article provides a critique of this unprecedented measure by examining its doctrinal, institutional, and socioecological dimensions. Doctrinally, the Spanish Constitutional Court upheld the constitutionality of the law in Judgment 142/2024, describing it as a “moderate ecocentrism” consistent with Articles 10.1 and 45.2 of the Constitution. This interpretation reframes environmental protection as a dynamic constitutional value and situates personhood within the framework of ecological constitutionalism. Institutionally, however, significant challenges persist: the law did not clarify whether the lagoon constitutes a public or private legal entity, the guardianship structure has faced legitimacy concerns, and the creation of overlapping institutions such as the Consejo del Mar Menor risks undermining its impact. Empirical data was collected through participant observation, a survey and semi-structured interviews. The findings highlight how residents, university professors, public officials, and environmental lawyers experienced ecological collapse as personal trauma and embraced personhood as either a form of relief, a pragmatic instrument, or a paradigm shift. Yet, the Spanish debate has largely neglected the Indigenous and Global South origins and contemporary articulations of Rights of Nature, limiting its pedagogical and legitimating potential. The article situates the Mar Menor within global Rights of Nature debates and reflects on its implications for European and particularly Spanish environmental law and water governance.
Vinader et al. (2026) studied this question.