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La Asociación Española de Profesores/as de Derecho Administrativo (AEPDA) organiza en la Universitat de Lleida el XIX Congreso de la AEPDA, cuyo tema será “El derecho de aguas en España: cuarenta años después”. El congreso se desarrollará los días 31 de enero y 1 de febrero de 2025. [ABSTRACT FROM AUTHOR]

La Asociación Española de Evaluación de Impacto Ambiental organiza el XII Congreso Nacional de Evaluación de Impacto Ambiental – CONEIA 2024. Tendrá lugar en el Palacio de Congresos Europa de Vitoria-Gasteiz los días 10-12 de abril de 2024. [ABSTRACT FROM AUTHOR]

This paper analyzes the concept of "by-product" in European and Spanish waste law. The first part summarises the legislative developments and the caselaw of the European Court of Justice in this area. The second part studies the latest main regulatory developments on by-products where special attention is paid to the public intervention system provided for Law 7/2022. Finally, some of the regulatory deficiencies detected are highlighted. [ABSTRACT FROM AUTHOR]

This paper takes stock of the application of the Valencian photovoltaic regulations relating to the setting-up of photovoltaic plants on nondevelopable land, as well as that relating to the plants under state jurisdiction in Valencian territory, showing the difficulties of their implementation, including the adoption of numerous agreements to suspend the granting of municipal licenses, due, in the author's opinion, to the haste with which the transition process has been developed and the consequent choice of many conflictive sites. The recent reform of European community regulations relating to the promotion of the use of energy from renewable sources is also analyzed, which is based on a more rational approach, but which may arrive late. [ABSTRACT FROM AUTHOR]

This article provides a legal analysis of the new reform of the Common Agricultural Policy in force for the period 2023-2027. The first part of the paper presents the Community and constitutional bases, as well as the historical evolution of the results and the context of each of the stages of the CAP. The second part examines the new regulations of the first and second pillar of the CAP. The first pillar develops the types of support and eligibility and the second pillar analyses the most relevant rural development interventions under the CAP. Finally, a number of conclusions are drawn. The method used in this research combines bibliographical and legislative analysis. [ABSTRACT FROM AUTHOR]

This paper examines the provisions set out in Law 42/2007 (natural patrimony) and 21/2013 (environmental assessment) regarding the appropriate impact assessment in the case of Natura 2000 network areas. The cross-references between both Laws raise problems of compatibility with the Habitats Directive as they allow the consideration of mitigation and compensation measures at procedural stages not permitted by the Directive. The paper argues that this requires a specific assessment procedure for the purposes of Article 6(3) and (4) of the Directive and not merely the application of the general EIA provisions set out in Law 21/2013. [ABSTRACT FROM AUTHOR]

It is urgent to make a change of strategy that successfully faces the energy transition to achieve the 2030 sustainable development goals, the armed conflict in Europe, the high price of energy supply and the high energy dependence at European and national level. In this scenario, the energy community, as a new legal entity, driven by European regulations, can be considered an effective tool to fight against climate change, accelerating the energy transition and guaranteeing a fair and inclusive energy system so necessary in our country. At the national level, the legal framework that regulates energy communities is insufficient. Thus, is it necesary a legal, technical and financial development to promote the constitution of such entities. In this paper, we study their legal nature, proposing, within the framework of Social Economy organisations, the associations and cooperatives as suitable legal formula. They have similar characteristics, provide environmental, social and economic benefits for their members, under principles of voluntary, inclusive and democratic participation; in order to improve the quality of life of citizens; in short, to work on behalf of people and our planet. [ABSTRACT FROM AUTHOR]

In this paper, a series of analysis are carried out on those instruments conceived to promote environmental quality based on the implantation of non-mandatory Environmental Management Systems (EMS) that lead to environmental certifications for organizations or ecolabels for their products and services. The paper takes ISO 14001 as a frame of reference, describing its content and the process of certification based on that international standard. Then, the paper exposes the advantages and benefits of the EMS, environmental certifications and ecolabels, and how important it is to promote its adoption by public authorities. Last but not least, the paper considers some negative elements that those systems can bring, such as the risk of greenwashing. [ABSTRACT FROM AUTHOR]

This paper analyses some rules of Royal Decree 1432/2008, of August 29, setting out measures for the protection of birds against collision and electrocution in high voltage power lines. Despite its objectives, the Royal Decree contains several inconsistencies regarding basic obligations, leaving their real scope in a state of legal uncertainty. The work concludes that a more coherent and complete regulation is needed to make compatible the protection of wild birds and the transport of electricity in the current context of decarbonization. [ABSTRACT FROM AUTHOR]

This paper addresses the most noteworthy aspects to be taken into consideration in relation to the Roadmap for the sustainable management of mineral raw materials, approved in August 2022, which promotes strategic autonomy and security of supply of raw materials necessary for the energy and digital transition. The Roadmap is aligned with European raw materials policies such as the Fundamental Raw Materials Action Plan, the REPowerEU, and with national tools such as the National Energy and Climate Plan 2021-2030 (NECP), the 2050 Long-Term Decarbonisation Strategy and the National Security Strategy, and proposes the approval of a new mining law. [ABSTRACT FROM AUTHOR]

This paper analyzes the functionality of ecological design or ecodesign of sustainable products, as well as the evolution of applicable regulations in this field research. In particular, the new regulation proposed by European Commission is analyzed and evaluated, noting those innovations that stand out. Actually, this issue acquires great technical, legal and economic interest, as an advanced and complex common regime envisaged via the EU Regulation, where this environmental instrument stands as the main measure of action for the achievement of strategic objectives intended. The projected regulation could have important effects in different areas and key sectors; it is therefore worth examining the new developments planned and their possible implications for practice. Likewise, it is necessary to bear in mind that the reasons for which this regulatory renewal promoted from EU Law, at this time and in the public or collective interest. Considering all these aspects, an assessment of the projected regime provided, the impact of which could be very relevant. It also outlines the opportunities opened up by this ambitious regulation and the action plan already underway, as eco-design would become a mandatory practice, that is, a required or enforceable requirement for most products distributed in the EU. [ABSTRACT FROM AUTHOR]

Artificial intelligence is giving rise to intense debates in the doctrine about its compatibility with the humanist ethics prevailing in Western society. This anthropocentric perspective of the paradigm shift posed by artificial intelligence does not, however, exhaust the line of pernicious consequences that may accompany it. Thus, the environment also emerges as a legal asset to be protected against the phenomenon of this new technology. The enormous amount of energy demanded by some of the artificial intelligence models erodes any energy efficiency objectives that may be set in the field of ICTs. For this reason, the aim of this paper will be to analyze this new challenge that environmental law will have to face sooner rather than later. [ABSTRACT FROM AUTHOR]

This paper analyzes the European energy and electricity regulations, as well as the different strategies approved, and the recent modifications of the marginalist electricity market due to the energy emergency created by the crisis in the supply of Russian gas. [ABSTRACT FROM AUTHOR]

This paper analyzes the different Spanish energy and electricity regulations, as well as the approved strategies, in a situation of serious energy crisis, and presents a proposal for reform in the electricity tariff in our country, regarding the special electricity tax, to alleviate the enormous burden that the industry is bearing, some of whose sectors are in a critical situation such as mining. [ABSTRACT FROM AUTHOR]

This paper analyzes the different Spanish energy and electricity regulations, as well as the approved strategies, in a situation of serious energy crisis, and presents a proposal for reform in the electricity tariff in our country, regarding the special electricity tax, to alleviate the enormous burden that the industry is bearing, some of whose sectors are in a critical situation such as mining. [ABSTRACT FROM AUTHOR]

This paper analyzes the European energy and electricity regulations, as well as the different strategies approved, and the recent modifications of the marginalist electricity market due to the energy emergency created by the crisis in the supply of Russian gas. [ABSTRACT FROM AUTHOR]

This paper studies the substantive and procedural regime of the new "integrated photovoltaic authorization" created by the Valencian legislator (Decree Law 14/2020) to facilitate the implementation of photovoltaic plants on undeveloped land, highlighting the regulated nature of territorial intervention that it incorporates (the authorization of implantation in undeveloped land). The response aroused by this regulation in some Town Halls is also taken into account, which has resulted in the suspension of the granting of municipal licenses, causing their lack of effectiveness. And finally, the reaction of the Valencian legislator to this situation of paralysis through Decree Law 1/2022 is also examined, which corrects the territorial policy on the matter to help its acceptance at the local level and takes advantage of the facilities for environmental evaluation of the projects recently offered by the state legislator (Royal Decree-Law 6/2022). [ABSTRACT FROM AUTHOR]

This paper analyzes the latest doctrine of the Supreme Court on the conflicting nullity of territorial planning due to defects in its elaboration procedure, specifically on three causes, economic memory; reports on the impact of gender, family, childhood and adolescence; and environmental assessment of alternatives. This jurisprudential doctrine has been established in the resolution of several appeals against the plan for the protection of the Valencian coastline. However, the action of the court of first instance resolving the more than fifty appeals filed without assessing all the reasons alleged by the parties, has the consequence that this conflict has not been closed yet, and the matter has been returned to the court of instance to assess all the reasons raised by the parties. [ABSTRACT FROM AUTHOR]

This paper analyzes the latest doctrine of the Supreme Court on the conflicting nullity of territorial planning due to defects in its elaboration procedure, specifically on three causes, economic memory; reports on the impact of gender, family, childhood and adolescence; and environmental assessment of alternatives. This jurisprudential doctrine has been established in the resolution of several appeals against the plan for the protection of the Valencian coastline. However, the action of the court of first instance resolving the more than fifty appeals filed without assessing all the reasons alleged by the parties, has the consequence that this conflict has not been closed yet, and the matter has been returned to the court of instance to assess all the reasons raised by the parties. [ABSTRACT FROM AUTHOR]

This paper aims to comment on the "Guidelines for the incorporation of cross-cutting criteria for the execution of the Recovery, Transformation and Resilience Plan", approved on October 25, 2021 by the Technical Committee for the Recovery, Transformation and Resilience Plan. The analysis focuses particularly on the text's recommendations on the use of environmental criteria or clauses. [ABSTRACT FROM AUTHOR]

Noise, smells and visual impacts are, probably, the environmental pollution problems to which the least attention is paid, considering that they are the ones that least affect the planet; However, all of them influence our quality of life and health, in addition to hindering and even preventing the full enjoyment of the Human Right to a healthy environment. Although the country has a basic legal framework that aims to prevent and control these types of pollution, there are no legal regulations that contain detailed technical standards to measure and / or limit it, except in the case of noise pollution. In this paper we present and analyze the legal framework for the prevention and control of these types of pollution in Mexico. [ABSTRACT FROM AUTHOR]

Noise, smells and visual impacts are, probably, the environmental pollution problems to which the least attention is paid, considering that they are the ones that least affect the planet; However, all of them influence our quality of life and health, in addition to hindering and even preventing the full enjoyment of the Human Right to a healthy environment. Although the country has a basic legal framework that aims to prevent and control these types of pollution, there are no legal regulations that contain detailed technical standards to measure and / or limit it, except in the case of noise pollution. In this paper we present and analyze the legal framework for the prevention and control of these types of pollution in Mexico. [ABSTRACT FROM AUTHOR]

The close relationship that the 2015 Paris Agreement has with the thirteenth sustainable development goal, "adopt urgent measures to combat climate change and its effects, is indisputable." If we talk about this relationship from the point of view of "action", we can influence the importance of the Nationally Determined Contributions technique, since the commitments acquired by the States Parties to the treaty must be achieved through through a series of actions at the national level. This paper aims to reflect on the need for consistency in the implementation of both the Paris Agreement and the 2030 Agenda. In this sense, an analysis will be carried out on the negative effects that, in compliance with both legal instruments, may occur if their implementation is carried out in a fragmented manner and, therefore, without taking into account the links that the objectives of sustainable development they have among themselves and, these, with the technique of Nationally Determined Contributions, within the framework of the Paris Agreement. [ABSTRACT FROM AUTHOR]

The close relationship that the 2015 Paris Agreement has with the thirteenth sustainable development goal, "adopt urgent measures to combat climate change and its effects, is indisputable." If we talk about this relationship from the point of view of "action", we can influence the importance of the Nationally Determined Contributions technique, since the commitments acquired by the States Parties to the treaty must be achieved through through a series of actions at the national level. This paper aims to reflect on the need for consistency in the implementation of both the Paris Agreement and the 2030 Agenda. In this sense, an analysis will be carried out on the negative effects that, in compliance with both legal instruments, may occur if their implementation is carried out in a fragmented manner and, therefore, without taking into account the links that the objectives of sustainable development they have among themselves and, these, with the technique of Nationally Determined Contributions, within the framework of the Paris Agreement. [ABSTRACT FROM AUTHOR]

The close relationship that the 2015 Paris Agreement has with the thirteenth sustainable development goal, "adopt urgent measures to combat climate change and its effects, is indisputable." If we talk about this relationship from the point of view of “action”, we can influence the importance of the Nationally Determined Contributions technique, since the commitments acquired by the States Parties to the treaty must be achieved through through a series of actions at the national level. This paper aims to reflect on the need for consistency in the implementation of both the Paris Agreement and the 2030 Agenda. In this sense, an analysis will be carried out on the negative effects that, in compliance with both legal instruments, may occur if their implementation is carried out in a fragmented manner and, therefore, without taking into account the links that the objectives of sustainable development they have among themselves and, these, with the technique of Nationally Determined Contributions, within the framework of the Paris Agreement. [ABSTRACT FROM AUTHOR]

This paper is aimed at examining, albeit briefly, the method, content and application of the mandatory financial guarantees imposed on operators by Law 26/2007, of October 23, on Environmental Responsibility (hereinafter LRM). We propose the need to subscribe in one of its modalities to every operator included in Annex III of the Law, highlighting three of its fundamental aspects: its requirement, its application and its purpose. Taking into account the principle of “whoever pollutes pays”, it is necessary for any operator that starts an activity with a significant risk to the environment, to subscribe to one of the modalities of the guarantees established in sections a), b) and c) of art. 26 of the LRM, to meet the obligations and responsibilities that the Law imposes on it as an operator. What is sought with these guarantee modalities is to ensure that the operator whose activity presents a greater potential of risk for the environment, can have the economic resources necessary to face environmental responsibilities and the high costs that adoption entails. of such measures to maintain a healthy and sustainable environment. Reference should be made to the environmental insurance policy, as the most common form of financial guarantees. Due to its characteristics and unique nature, it requires specific treatment. Therefore, we consider that, if these guarantees are not made mandatory, the environmental protection system established in the LRM would be significantly damaged. [ABSTRACT FROM AUTHOR]

This paper aims to assess the nature of climate litigation at the international level and its role in sustainable development and nature conservation. Climate litigation has allowed claims to be made against governments regarding the climate crisis and companies, especially the largest generators of greenhouse gas emissions. They have also given way to the recognition of the impact and moral responsibility of companies and the lack of action by governments in the global environmental crisis, as well as highlighting the need for each country to establish regulations that promote truly sustainable development. [ABSTRACT FROM AUTHOR]

This paper analyzes recent rulings of the Spanish Supreme Court that show an advance in the environmental protection of water. They require also the strengthening of the resources put at service of Public Water Administration after years of cutbacks. The effect of these rulings however can have both positive and negative impacts on the state of conservation of spanish watercourses. [ABSTRACT FROM AUTHOR]