La apertura de la jurisprudencia ordinaria a la protección de los derechos fundamentales frente a las emisiones acústicas aeroportuarias

Authors

  • MAITE URIARTE RICOTE

Keywords:

Human Rights, noise pollution, airports, case law, home privacy, European Court of Human Rihts.

Abstract

This paper investigates about the origin and evolution of main settled law arguments that support the pioneering Sentence of the Tribunal Supremo (Contentious-Administrative Chamber) of 13 October 2008, in order to admit that airplanes flight over the plaintiff’s residence violates his Fundamental Human Rights to private and family live and home, recognized in article 18.1 and 2 of Spanish Constitution. A comparative examination of support used in cases law from European Court of Human Rights and from national scope courts allows, not only calibrate and set the necessary factors to estimate the effective violation on mentioned fundamental rights, but also to assess the possible violation of fundamental rights to physical and moral integrity recognized in article 15 of Spanish Constitution.

Published

2009-09-08

Issue

Section

CASE LAW