Las medidas preventivas en el procedimiento administrativo ambiental
The actual environmental paradigm, which has been installed in the contemporary societies, forces us to think again about behaviours, actions, theories and dogmas in an innovative way; It is imperative to break down stereotypes that have long been held as the truth. The Law is not strange to that; b...
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| Format: | Article |
| Language: | Spanish |
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2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6267910 |
| Source: | Gabilex: Revista del Gabinete Jurídico de Castilla-La Mancha, ISSN 2386-8104, Nº. 12, 2017, pags. 179-213 |
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| Summary: |
The actual environmental paradigm, which has been installed in the contemporary societies, forces us to think again about behaviours, actions, theories and dogmas in an innovative way; It is imperative to break down stereotypes that have long been held as the truth. The Law is not strange to that; being a Social Science attached to human behaviour, requires keeping up to speed to the current changes. This text pretends to reflect about the practical situations that are worth analyzing the precautionary Institution related to the environmental public order, whose axis is the medium and its purpose is to protect it. In this context, I argue that, the request of no serious affectation to the public interest, in order to implement the precautionary measure, takes particular relevance, especially from an environmental point of view where the public interest that pursues is concrete and specific: to prevent damage. An administrative decision, that has tuitive content to the environment, can not be suspended preventively based on the existence of its typical requests, notwithstanding the environment |
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