The Judiciary’s role in the implementation of environmental policies
DOI:
https://doi.org/10.4013/rechtd.2012.41.08Abstract
The Judiciary also has the basic duty of protecting the environment. Starting from this premise and using the inductive method, the article discusses the legitimacy of judicial intervention in the implementation of the fundamental ecological duties that are constitutionally assigned to Public Administration. The article is justified due to the lack of specific studies relating the judicial control of public policies with environmental issues, the increasing judicialization of environmental disputes and the strong controversy this issue still raises. It concludes that the Judiciary should be an institutional partner in the task of implementing environmental policies and that its active intervention is legitimate in case of omission by government agencies or officials.
Key words: Judiciary, public policies, environment.
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