La diligencia debida de los estados y el papel de la jurisdicción en materia medioambiental en el marco europeo de justicia global

Resum

The purpose of this article is to highlight the complexity that the jurisdictional function adopts at the present time, in a context of normative construction around the human right of a clean and healthy environment within the framework of global and European Justice. It is a delimitation of the multilevel obligations assumed by the States regarding the protection of the right to an environment, as well as the scope of the duties of regulation, supervision and control of public or private activities that may cause damage to the environment and other vulnerable rights of individuals. The jurisprudential analysis that we propose shows that the jurisdictional function is subject to very important challenges when resolving this type of conflicts and applying the law in the specific case. The duty of diligence of the States becomes a protagonist in this global context of antinomies and anomies. Belonging to the European Union does not exempt States Parties from specific obligations arising from the international framework of the human rights protection system. EU Regulation 23/955 develops a Social Climate Fund that establishes the level of due diligence of member states for the protection of social rights through the protection of the right to a healthy environment. It is a further step in the definition of the guarantees that integrate the human right to a healthy environment as a cross-cutting right to the realization of human rights.