Anti-mining legislation. Using the environment issues as a pretext, provinces will do anything.

Curriculum Vitae

ATTORNEY ADVISOR OF CEMINCOR, ATTORNEY OF THE NATIONAL ATOMIC ENERGY COMMISSION, LAWYER EXPERT LEGAL ADVISOR OF IRAM: ARGENTINE INSTITUTE OF STANDARDIZATION AND CERTIFICATION, ACTIVE MEMBER OF ENVIRONMENT DEPARTMENT, OCCUPATIONAL SAFETY AND QUALITY OF THE INDUSTRIAL UNION OF CÓRDOBA (UIC), GENERAL DIRECTOR AT FIDUCIE CONSULTORA ENVIRONMENT, PRIVATE LEGAL ADVISER.

The National Constitution establishes the system of distribution of environmental competences (Article 41 of the CN), which are of a concurrent and complementary nature between provinces and Nation. Both for the doctrine and the jurisprudence, it represents one of the most difficult subjects to determine, that is why on the same issues there are thesis or positions that are diametrically opposed . Within the framework of the exercise of police power in environmental matters by the provinces there is a tendency to interpret that "using the environment as a pretext" everything can be done without having any type of juridical / constitutional framework or by enlisting in parameters far from all reasonability. Every administrative act and every norm must overcome the test of constitutionality of rite, which are just limits that even the environmental matter must respect, since no legal right is above the Rule of Law or the National Constitution.