Fernando Simón Yarza. PHOTO: Manuel Castells

"The environment cannot be the object of an individual right because it is a collective good. As such, it must be protected by those who represent the community". This is emphasized in his thesis Fernando Simón Yarza, doctor of the School of Law of the University of Navarra.  

The researcher warns in its work about the risk of considering environmental protection as a fundamental right. Thus, although it considers that there are basic individual goods such as life or physical integrity that can be affected by environmental aggressions, it indicates that "the European Court of Human Rights has perhaps gone too far in recognizing individual environmental rights".

From agreement with Dr. Simón Yarza, the existence of a positive obligation to protect 'the quality of environmental life' causes all infractions in this subject to acquire constitutional relevance. "This is very problematic because it means converting conflicts of ordinary law into conflicts of fundamental rights," he points out.

Quality legislation to sanction harmful behavior

"Besides -he stresses-, this measure does not achieve in internship a better protection of individual interests. Quality legislation is needed that grants severe powers to the Administration and judges to stop and sanction behaviors that cause damage".

However, Fernando Simón, whose thesis has been directed by Full Professor and President of the University of Navarra Ángel J. Gómez Montoro, points out that this new right to environmental quality of life has the positive effect of recognizing the liability of the Administration for its passivity in the control of immissions (disturbances or nuisances in the environment or to others). "However, this result could also have been achieved without the need to put fundamental rights at stake", he points out.

Interview with Fernando Simón Yarza on 98.3 Radio: