ΠΜΣ Πολιτική Επιστήμη και Κοινωνιολογία
Library of the Faculties of Political Science and Public Administration, Communication and Mass Media Studies, Turkish and Modern Asian Studies, Sociology

2015-10-20

2015

Μακρυγιάννης Κωνσταντίνος

Γεωργία Γιαννακούρου. Αναπληρώτρια καθηγήτρια. Τμήμα Πολιτικής Επιστήμης και Δημόσιας Διοίκησης. ΕΚΠΑ
Χαράλαμπος Χρυσανθάκης. Καθηγητής. Τμήμα Πολιτικής Επιστήμης και Δημόσιας Διοίκησης. ΕΚΠΑ
Νικόλαος - Κομνηνός Χλέπας. Αναπληρωτής καθηγητής. Τμήμα Πολιτικής Επιστήμης και Δημόσιας Διοίκησης. ΕΚΠΑ

Ο δικαστικός έλεγχος των γενικών αρχών του δικαίου περιβάλλοντος μέσα απότην νομολογία του ΣΤΕ

Greek

The increased legal protection of our natural environment is undoubtedly an asset to our judicial culture and it bases its pillars on the Greek Constitution of 1975 and to its subsequent revisions, with the most important the one of 2001. What is also required by the Constitution is the harmonisation of the constitutional imperatives for environmental protection and the guarantee of the individual property rights which can lead to a balanced interdependence. The option to limit the private rights in favour of the protection of our environment must be the outcome of a strenuous process of ad hoc weighing conflicting interests, values and principles which will lead to their balance. The price, however, of this balancing process of the private and public interests cannot be a priori precise and is subject to changes. The task of its individualisation as well as the control of the governmental acts and their compliance with the constitutional requirement lies with the Judicial Power.
A valuable tool to that end that help the judges, at a national level, render their decisions are the General Principles of Environmental Law which are made up from rules with legal content and reflect the fundamental values for the protection of the environments. However, these principals tend to be generalist and vague despite the legal imperative for specific regulations. The present bibliographical dissertation deals with the issues of the implementation of the specific general principles of prevention, safeguarding and combat of pollution preferably that its source as well as the subjects of sustainability, the respect of the carrying capacity of our eco systems and the principle “the polluter should pay” as they are regulated and illustrated in the constitutional provision and are further specified by the case law of the Council of State.

Social, Political and Economic sciences

Council of State, judicial control, anti-constitutional, rule of law, legitimate interest, sustainable development, environmental protection, carrying capacity, environment principles, environmental law, environmental responsibility, the polluter should pay, environmental damage, environmental legal proceedings

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Local Digital Library

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https://pergamos.lib.uoa.gr/uoa/dl/object/1455108