Law firm: Baltic Sea National Park legally inadmissible according to expert opinion

New fuel for the debate about the planned Baltic Sea National Park: On the day of the workshop with stakeholders from the water sports scene, the Initiative Freie Ostsee Schleswig-Holstein published a legal opinion according to which the establishment of the national park is legally inadmissible. According to a statement, the project fails on several key conditions. The expert opinion was written by the law firm Noerr, which was commissioned by the initiative.

According to the initiative's press release, the 35-page report refers to "a clear collision with the existing state development planning of Schleswig-Holstein and articulates a lack of proportionality of the possible interventions as well as serious constitutional concerns". In addition, the lawyers criticised the lack of fundamental requirements under nature conservation law. The report also emphasises the complex interaction between federal and state law, which the ministry repeatedly denies: "The report makes it clear that although the state of Schleswig-Holstein is responsible for establishing the national park, the state government cannot regulate either a permit or a ban on access. The competence of the federal government has unrestricted priority over state regulations."

Political promises not legally tenable

The extensive incompatibility of utilisation options and the national park structure is also emphasised. "This proves that various promises made by Minister Tobias Goldschmidt have no basis whatsoever and that there will be a considerable displacement of people from the national park areas of the Baltic Sea in the future," is the initiative's assessment.

Their spokesman Björn Brüggemann summarises: "This expert opinion cannot and must not be ignored. The findings of the Noerr law firm are clear. The prestige project Baltic Sea National Park is half-baked, deprives local people of opportunities to participate and does nothing to change the poor overall state of the Baltic Sea. Instead, it creates uncertainty and existential fears and should be stopped sooner rather than later. We are in favour of genuine environmental protection with the citizens and not in favour of one-sided bans against the people!" At the same time, Björn Brüggemann refers to the possible legal action that the report points out and announces that the foundations for corresponding legal steps will now also be laid with the upcoming founding of the "Surf und Paddel" Bündnis e. V. (Surf and Paddle Alliance).

The report on the Baltic Sea National Park can be viewed here

More about the Baltic Sea National Park:

• "No reason to ban sailing in general!" - YACHT interview with Tobias Goldschmidt
• Baltic Sea National Park: Loud protest at the rally in Fehmarnsund
• Baltic Sea National Park: Schedule for workshops - water sports event on 11 July
• Potential backdrop: The plans for a Baltic Sea National Park
• Baltic Sea National Park: How YACHT readers react to the plans