Competencias e instrumentos jurídicos autonómicos para limitar el uso de la fracturación hidráulica

Authors

  • Carmen María Ávila Rodríguez Universidad de Málaga

DOI:

https://doi.org/10.18042/cepc/rap.209.11

Keywords:

Fracking, Energy, environmental protection management, conflict of competences between the State and the Autonomous Communities.

Abstract

Since 2013, several Autonomous Communities (Cantabria, La Rioja, Navarra and Catalonia) have passed laws that regulate the express prohibition of fracking in their territories. This prohibition is based in autonomy competences over town and country planning and housing; environmental protection management; health and hygiene and organisation of mining and energy. The Constitutional Court has affirmed that this prohibition is contrary to the distribution of competences between the State and the Autonomous Communities. In 2015 and 2017 Pais Vasco, Castilla-La Mancha y Región de Murcia have approved laws that incorporate additional legal protection techniques on the environment and health, which limit the use of fracking. All laws respect the distribution of powers between the State and the Autonomous Communities according to recent constitutional jurisprudence

Published

2019-08-31

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION