Going to the Court doesn’t ensure that the environment will be protected

Abstract

Conclusion: In short, individuals play an essential role in monitoring the way in which State regulations are put into practice in relation to the protection of nature and, although civil society has proposed the recognition of RoNs, it cannot lose sight of the fact that the ideal and most effective mechanism to achieve this is through ex ante and ex post protection by the States and their respective Public Administration, for which a greater development of Administrative Law and the rate of compliance of its entities is required, which is directly related to the political will of the authorities, against which action can be taken. Finally, opting for the judicial route as the only mechanism for the protection of nature is insufficient; however, if this is used in conjunction with the demand to the Public Administration indicated in the previous point, better results can be obtained. For this, instead of creating new judicial processes or subjects of rights, it is recommended to use legal figures that already have a doctrinal and legal development that allow achieving the same objectives as quickly as possible in time, such as the jurisdictional protection of diffuse interests