Resumen de La responsabilidad por daños medioambientales
Since the last century the concern at the deterioration of the natural environment has caused that we conceive of the concept of environment as a new and autonomous, equipped with the maximum international support objective, and resulting in environmental law. This can be defined as the standard system of preservation of the human environment through the control of pollution and ensuring sustainable use of natural resources.
Public authorities are not strangers to this reality and, therefore, promoted by the obligation to transpose Directive 2004/35/EC of the Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, Spain has created Law 26/2007, of October 23, environmental responsibility.
The application of this standard is still non-existent, however, our study we have tried to anticipate possible problems that your application can generate. Therefore we have been analyzing the various chapters that compose this standard including issues such as the concept of operator, the legitimization of active subjects, its scope, the relation of causality and its exemptions, mixed system of liability and prevention, avoidance and repairing damage, among others.
In particular, owing to the obligation imposed by the Act the operator hire any financial guarantees that establish, have analyzed the current state of the offer in the financial and insurance sector, as well as considered products that currently can be hired.
Based on this analysis we have tried to anticipate possible problems that your application can produce, with the intention of facilitating a number of solutions to help achieve a proper practice.
