THE DECAY OF THE ENVIRONMENTAL RATING RESOLUTION
COMMENTS ON JUDGMENT R-280-2021 OF THE SECOND ENVIRONMENTAL COURT
Keywords:
Environmental Administrative Law, Resolution's decay, Environmental qualification resolution, Impossibility of continuing the procedure, Environmental Impact Evaluation System, Jurisdiction of the Environmental Courts (Chile)Abstract
This commentary analyzes a ruling from the Second Environmental Court on the administrative decay of the Environmental Qualification Resolution (RCA). Reviews the state of the art and the court's reasoning, identifying the origin of the figure, the competence of the environmental judiciary and its parallel with other figures. He concludes that an RCA can lose its purpose during the environmental assessment, triggering decay; that the Committee of Ministers can rule on this in the administrative appeal phase, extending its review to the Environmental Courts in the contentious-administrative phase and; that the origin of the decay must be differentiated from other figures that seek to annul an administrative act that has lost its validity, evaluating it on a case-by-case basis.
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Copyright (c) 2024 Pablo Neupert Kaplan, Luciano Gónzalez Matamala
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