Access to the Environmental Justice: Analysis of the jurisprudential criterion about active legitimation to appeal against resolutions of the Chilean Environmental Compliance and Enforcement Agency
Abstrak
This article examines the core concept of "standing" to challenge deci-sions from the Chilean Environmental Compliance and Enforcement Agency (Superintend-encia del Medio Ambiente or SMA) as provided by laws N° 20.417 and 20.600, both which establish that only the ones “directly affected” by the decision can appear before the Envi-ronmental Court. The application of this criterion for individuals and NGO’s in judgments given by the Second Environmental Court is analysed. Furthermore, the concept of stand-ing is considered in light of the broader concept of environmental justice, including the need to guarantee a timely and appropriate involvement of those "affected" from initial stages of the administrative proceedings, and not limiting their intervention exclusively to judicial review.
Topik & Kata Kunci
Penulis (2)
Pamela Torres
Emanuel Ibarra
Format Sitasi
Akses Cepat
PDF tidak tersedia langsung
Cek di sumber asli →- Tahun Terbit
- 2017
- Sumber Database
- DOAJ
- DOI
- 10.5354/0719-4633.2017.47912
- Akses
- Open Access ✓