What is Environmental Law

As an introduction to the topic for the average citizen, here we explain what is environmental law with a simple definition. Broadly speaking, environmental law is:

“ANDhe set of legal norms that regulates human activities to protect the environment or nature“.

However, this branch of law which, explained in those words, may seem like a fairly simple right, turns out to be one of the most complex legal branches that exist to date.

In this other Evidence Network article we show you what the difference is between Environmental Law and Ecological Law.

In comparison with other branches of law, it can be said that environmental law is one of the most specific because it is in charge of a limited branch of legal reality, being the one in charge of establish environmental legislation and controlwith the main objective of conservation and preservation of the same. As a consequence, we are faced with legislation on environmental matters with a multisectoral nature and with an important technical component, integrating both the legal and scientific branches, constituting a connection point between them, with the common goal of reaching the most precise solution for each case, with the aim that this protection can be effective in terms of its legal effectiveness. As a consequence of this, we are faced with a combination of legal norms, both past and current, since it must go updating based on environmental reality in which we find ourselves, which is the result of the occasional need to urgently resolve needs that require immediate regulation.

The complexity that environmental law represents has already been expressed by our Constitutional Court, specifically in Sentence 102/1995 of June 26, 1995, alleging that:

“The environment cannot be reduced to the mere sum or juxtaposition of natural resources and their physical base, but is the complex framework of the relationships of all those elements that, by themselves, have their own and prior existence, but whose interconnection gives them a transcendent meaning, beyond the individual meaning of each one.

Environmental law is a deeply internationalized law. This is due to the global dimension of the environment itself, therefore, we are faced with resources whose conservation requires international action, which would not be possible without consensual regulations, pursuing common action, in which each state assumes its share of responsibility.

As a direct consequence of this internationality, we are faced with a multi-sector legislation and a high technical component where several regulatory levels are distinguished, which are carried out by the different public administrations, since these are in charge of ensuring public interests, having different intervention instruments in terms of environmental protection This is, some of these instruments are the creation of different environmental laws and regulationsthus finding regulations at the international, community, state, regional and even municipal level, integrating issues such as:

• Health protectionthe relationship between the two being evident, specifically to counteract epidemics and diseases that can arise as a consequence of poor environmental management.
• The defense of propertyregulating, among other factors, acoustic or other emissions that people do not have the duty to endure.
• Market techniquesregarding the relationship that exists between environmental protection and the techniques that are used by companies to position themselves or even intervene in a specific market; inter alia.

Therefore, the environmental protection It has ended up becoming one of the keys to ensuring social development, trying to protect a common good, which has become a social demand, since it is closely linked to health and quality of life, with the environment being a common denominator in policies that at first glance could seem unrelated to this environmental protection.

As for the regulations created by the different administrations, they revolve around the “common good” character of the environment, having neither more nor less than a preventive purpose, thus seeking avoid damage to the environmentprior to its subsequent restoration. In turn, it establishes a sanctioning action by the administration for cases of non-compliance. Regarding sanctioning responsibility, we find that the Spanish legal system, under the provisions of article 45.3 of the Spanish Constitution, which also provides for a criminal liability for damage caused to natural resources, fauna and floraamong others.

Regarding the aforementioned article 45 of the Spanish Constitution, it establishes that:

1. “Everyone has the right to enjoy an environment suitable for the development of the person, as well as the duty to conserve it.
2. The public powers will ensure the rational use of all natural resources, in order to protect and improve the quality of life and defend and restore the environment, relying on the indispensable collective solidarity.
3. For those who violate the provisions of the previous section, in the terms established by law, criminal or, where appropriate, administrative sanctions will be established, as well as the obligation to repair the damage caused.”

Therefore, this article configures the environment as a good whose enjoyment is a right of every citizen and both they and the public authorities have the obligation to conserve it. Due to this, every person has the right to demand that administrations adopt the necessary measures to guarantee the protection of the environment, providing for this with public participation and access to justice in environmental matters.

Finally, we want to offer you this other article in which we talk in depth about the Conservation and protection of the environment, its importance and measures.

If you want to read more articles similar to What is Environmental Lawwe recommend that you enter our Society and culture category.