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The parliament and the government may pass many environmental laws, but if those laws are not effectively implemented by Public Administration, they will not bring about the desired changes, i. e. there is an implementation gap. This paper presents a case study on the implementation of the statute that regulates water quality for human consumption in Portugal. We find that when the implementation is successful, the main factors are the clarity and visibility of the procedures used vis-à-vis those affected, and when it fails, the main obstacle is the insufficient connection between the regulation of water quality for human consumption and the environmental protection of the water source. [ABSTRACT FROM AUTHOR]

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. [ABSTRACT FROM AUTHOR]