And one day the cliff collapsed… risk of coastal erosion, prevention, and accountability

Abstract

With the aim of analysing the State’s liability in cases such as the collapse of a cliff at Maria Luísa beach in August 2009, the present study begins by describing the legislative treatment that the coastal zone has received in the Portuguese legal system, not only regarding the approval of urban development projects, but also in relation to the territorial management instruments used (in particular, coastal zone management plans) and national programmes adopted with a view to protecting the coastline. Next, having identified the main risks and causes of coastal erosion, the study analyses, on the one hand, the State’s obligations in preventing erosion risks, contrasted with the accountability of beach users, in light of the new sanctioning regime approved in 2010. On the other hand, the regime of extra-contractual liability of the State brings into this domain the possibility of holding public entities liable for breaches of monitoring duties.