What is environmental law

By way of introduction to the subject for the citizen on foot, we explain here What is environmental law With a simple definition. In a gross way, environmental law is:

“ANDl set of legal norms that regulate human activities for protect the environment or nature“

However, this Rama of law That, explained in those words, may seem quite simple right, turns out to be one of the most complex legal branches that exist so far.

In this other ecology article, we teach you what is the difference between ambient and ecological law.

Compared to other branches of law, it can be said that environmental law is one of the most specific because it is responsible for a limited branch of legal reality, being the one in charge of Establish laws and environment controlwith the main objective of conservation and preservation of it. As a consequence, we are facing environmental legislation with a multisectoral character and with an important technical component, integrating both in the legal and scientific branches, constituting a connection point between them, with the common purpose of achieving the most precise solution for each case, with the objective that this protection can be effective in terms of their legal efficacy. As a consequence of this, we are faced with a combination of legal norms, both past and current, since it must go updating according to environmental reality in which we are, which is the result of the occasional need to urgently solve needs that require immediate regulation.

The complexity of environmental law, already expressed by our Constitutional Court, specifically in Judgment 102/1995 of June 26, 1995, claiming that:

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

Environmental law is a deeply internationalized right, this is due to the global dimension that the environment itself has, therefore finding resources whose conservation requires international action, which would not be possible without agreed regulations, pursuing a common action, in which each State assumes its part of responsibility.

As a direct consequence of this internationality, we are facing a Multisectoral legislation and from a high technical component where several regulatory levels are distinguished, which are carried out by the different public administrations, since these are responsible for ensuring public interests, having for this different intervention instruments in terms of environmental protection It is, some of these instruments are the creation of different Environmental laws and regulationsthus finding international regulations, community, state, regional and even municipal levels, integrating issues such as:

• Health guardianshipbeing evident the relationship between the two, specifically to counteract epidemics and diseases that may arise as a consequence of poor environmental management.
• THE DEFENSE OF THE PROPERTYregulating among other factors, acoustic or other emissions that people do not have the duty to support.
• Market techniquesregarding the relationship between environmental protection and 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, the environment being a common denominator in policies that at first glance might seem oblivious to this environmental protection.

As for the regulations created by the different administrations, they orbit around the character of “common good” that the environment possesses, having neither more nor less than a preventive purpose, thus seeking Avoid damage to the environmentprior to its subsequent restoration. In turn, a sanctioning performance by administration for non -compliance cases. Regarding the sanctioning responsibility, we find that the Spanish legal system, under the provisions of article 45.3 of the Spanish Constitution that also provides for a Criminal responsibility for damages 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 adequate environment for the development of the person, as well as the duty to keep it.
2. 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 sanctions or, where appropriate, administrative, as well as the obligation to repair the damage caused. “

Therefore, said article configures the environment as a good whose enjoyment is a right of every citizen and both they and public authorities have the obligation to keep it. Because of this, every person has the right to demand administrations the adoption of the necessary measures to guarantee the protection of the environment, having 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.

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