PRINCIPLE OF REALITY BEFORE THE ADMINISTRATIVE FILES OF ENVIRONMENTAL PREVENTION AND DECONTAMINATION PLANS
DOI:
https://doi.org/10.29393/RD255-11PREK10011Keywords:
Primacy of reality, Environmental Decontamination Plan, Monitoring station, Communal regulatory plan, Congruence principle, Legality PrincipleAbstract
On June 7, 2023, the First Environmental Court (1TA) accepted an action for review of agency decisions against the act that approved the Atmospheric Decontamination Plan (PDA) of Calama and its surrounding area, questioning the elimination of a monitoring station. This commentary will analyze how the 1TA implicitly applied the principle of the primacy of reality, a criterion that is supported by previous administrative and judicial jurisprudence. It will examine the possible consequences that this requirement imposed on the administration may entail, especially in relation to the balance between this principle and other mandates that the administration must observe, which could generate tensions in its application.
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Copyright (c) 2024 Eduardo König Rojas
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