MODERATE CHANGES FOR A FUNDAMENTAL REFORM. THE CONCEPT OF ENVIRONMENTAL LOADS AND DUE CONSIDERATION OF OBSERVATIONS IN THE ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM (EIAS)

DOGMATIC AND JURIPRUDENCIAL TENSIONS

Abstract

This paper aims to establish which are the aspects that have made it difficult to achieve citizen participation in the Environmental Impact Assessment System. To do this, the paper analyzes the current institutional framework, its evolution, the shortcomings detected and the bills that seek to save them. The central point of this paper is that there is an absence of substantive criteria in key stages of citizens participation and this has made it difficult to achieve and effective. Said absence has not been addressed in a profound way, both by doctrine and jurisprudence. In this sense, there are two deficiencies, which are the concept of environmental loads and the due consideration of the observations.