The Environmental Assessment: ruling of the Constitutional

Dołączył: 11 Mar 2024 Posty: 1

We present to you a magnificent and illustrative article by our collaborator Mr. José Enrique Candela Talavero , Secretary – Comptroller of the Local Administration. This is a very topical contribution, as it analyzes the latest constitutional pronouncement issued on the well-known, and on many occasions mandatory, “environmental impact assessment” procedure. The Environmental Assessment Law has recently been the subject of an important ruling by the Constitutional Court through its STC No. /, of May , , which deserves to be highlighted in light of the recognition of the right provided for in the Article of the Constitution (EC), for all capital in our development and well-being, such as the right to an adequate environment, reinforced by obligation for public powers and citizens, those to promote and restore it, as well as to ensure its use. rational use of natural resources, and these to conserve it.

Environmental impact assessment defined by the high court as a technique or instrument of preventive environmental protection, in relation to works projects and activities, of a global or integrative objective scope and of a participatory nature” (SSTC no. / of March and no. /, of March ). Sector that from a jurisdictional Canada Mobile Number List point of view forces us to consider that according to article CE the State has the exclusive competence to adopt the “basic legislation on environmental protection, without prejudice to the powers of the Autonomous Communities to establish standards additional protection”. We are dealing with a matter that legislatively in Spain allows mention of Directive //EEC transposed by Royal Legislative Decree /, of June , on environmental impact assessment, or Royal Legislative Decree /, of June January, which basically approved the consolidated text of the Law on Environmental Impact Assessment of Projects.

Arriving at the current regulation of Law / on environmental evaluation. Regulation to which must be added Directive //EC, Directive //EC repealed and replaced by Directive //EU of the European Parliament and of the Council, of December , , relating to the evaluation of the repercussions of certain public and private projects, Directive //EU, of April , , which modifies Directive //EU to, among other purposes, “strengthen the quality of the procedure of environmental impact assessment” (considering ), and “simplify and harmonize procedures… so as to guarantee improved environmental protection, increased efficiency in the use of resources and support for sustainable growth.” in the Union” (recital ). Directive //EC, of June , on the evaluation of the repercussions of certain plans and programs on the environment.

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