LA ADMINISTRACIÓN EN EL ESTADO AMBIENTAL DE DERECHO1

Abstract

The aim of this article is to analyze the peculiarities of public administration in environmental matters. The analysis focuses specifically on the application of the rule of law, territoriality in this area, as well as on the retroactivity of environmental statutes, on environmental governance and on deregulation and its problems. Some ideas are suggested with a view to improving environmental administration and judicial review of agency action. At the constitutional level, it is argued that the right to enjoy a healthy environment should be included among fundamentals rights, or alternatively that environmental pleas should be granted procedural priority. It is also argued that the power and responsibilities of federal states should be reinforced in environmental matters. In addition, the author argues for the need to set a clear separation between environmental crimes and administrative infractions;the need of real mechanisms of public participation and a devolution of power process to citizen giving environmental information not only in terms of excellence.