Jurisprudence as to the environment and ecology

Abstract

The paper sets out the criteria adopted by spanish law for dealing with e nvironmental and ecological issues, this being grounded upon article 45 of the Constitution. The paper argues that but little can be hoped for from the courts because a) of the extent of the field to be thus covered by legislation both as to mere scope - there are a host of environmental norms - as much as, b) to the subject's being one that both tends towards an extra-judicial technicality and lends itself to administrative whim. Despite this being so, it is here held that there are judicial lines of approach that merit attention. The Constitutional Court laid down in 1982 that it did not consider either the optimum exploitation or maximalized production of raw materials to constitute an over-riding argument but rather that these should both be harmonized in keeping with a 'rational use' of the same in keeping with the upkeep of things natural, the ruling being extensive here in its scope but particulary directed towards mining operations and thus opening the door towards further legislative measures that would establish previous requirements upon activities in that sector. As to the appeals to and administrative law rulings of the Supreme Court, the paper indicates that from 1988 onwards, a similar criterion has been in force for whenever there is a clash as between economic and environmental interests, the former is to prevail though the paper would have it be said that the sentences in such cases are, not surprisingly, characterized by a deep dyed casuistry and, being so, much coloured by considerations as to the type of ground in question.