3 May 2011

Comments Legislation Comments English comments

Commentary: “Environmental Sustainability And Administrative Law: A New Solution To The Economic Crisis Or A Constitutional Requirement? With Reference To The New Spanish Sustainable Economy Act (Ley De Economía Sostenible)”

Title: “Environmental Sustainability And Administrative Law: A New Solution To The Economic Crisis Or A Constitutional Requirement? With Reference To The New Spanish Sustainable Economy Act (Ley De Economía Sostenible)”

Author: Francisco Javier Sanz Larruga, Professor of Administrative Law of University of A Coruña (Spain)

Reception date: April 21st, 2011

Acceptance date: April 29th, 2011

Abstract:

The successful formulation of the sustainability paradigm – in its many aspects: environmental, social and economic- spreading in many programmatic and strategic documents of international organizations and national governments carried out in the context of the present economic crisis, sets out important problems of legal interpretation when it comes to introducing them uncritically in standard-setting instruments.

Sustainable development is not a mere conceptual resource derived from the new trends on environmental economy but a real legal principle that can be translated into important requirements and mandates aimed to the rational use of natural resources and its protection on the future generations.

If the aim is to achieve efficiently these objectives, the reception of the sustainability criteria – or at least the environmental ones- in the legal system

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18 April 2011

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Commentary: “Decisive Boost In The Consolidation Of A Responsible Public Procurement. Green Contracts: From Ability To Obligation”

Title: “Decisive Boost In The Consolidation Of A Responsible Public Procurement. Green Contracts: From Ability To Obligation

Author: Patricia Valcárcel Fernández, Adjoint Doctor Professor of Administrative Law of University of Vigo

Reception date: March 28th, 2011

Acceptance date: April 4th, 2011

Abstract:

The concern about environmental protection is a target that has made its way into different policies and actions promoted by the EU. Community regulations enacted in order to gradually harmonize public procurement procedures have also followed this tendency. In any case, taking into account that the individuals included in EU law scope are the main consumers in the great internal market, the integration of environmental criteria into public procurement procedures will constitute one of the best ways to implement the environmental principle of prevention.