Flexibilización normativa del licenciamiento ambiental en Colombia durante el periodo 1993-2018

The legal regulation in Colombia for the protection of the environment and the control of the exploitation of natural resources has had an important evolution since 1991, when for the first time it was given a significant relevance in the constitutional scope. As a development of this, Law 99 of 199...

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Autor Principal: Gallego Nanclares, Jorge Andrés
Formato: info:eu-repo/semantics/article
Idioma: spa
Publicado: Derecho, Ciencias Jurídicas y Políticas 2018
Materias:
Acceso en línea: Gallego, J., (2019). Flexibilización normativa del licenciamiento ambiental en Colombia durante el periodo 1993 -2018. (Trabajo de grado Derecho). Universidad de San Buenaventura Colombia, Facultad de Derecho, Bello
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Sumario: The legal regulation in Colombia for the protection of the environment and the control of the exploitation of natural resources has had an important evolution since 1991, when for the first time it was given a significant relevance in the constitutional scope. As a development of this, Law 99 of 1993 was established as the most important norm in the legal sphere, and introduced as a requirement to control and guarantee the recovery, conservation, protection, ordering, management, use and exploitation of renewable natural resources and the environment of the Nation, the issuance of environmental licenses for any person who intends to advance works, works or exploitation of mines that may cause damage to the environment. The process for the issuance or denial of these licenses has undergone a series of changes that have been gradually flexing and weakening since its inception, not only related to the regulations and the deadlines established for its study and execution, but also in regarding the entities and those responsible for issuing them; these changes have generated conflicts related to the interpretation of the rules, in such a way that the High Courts have had to intervene to resolve these conflicts. In this context, this article attempts to explain the regulatory flexibility during the period between 1993 and 2018