Ο παρεμπίπτων έλεγχος των διοικητικών πράξεων από τον ποινικό δικαστή στο δίκαιο του περιβάλλοντος
Περιβαλλοντικό δίκαιο Environmental law
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
proceeded to the incidental control of an individual administrative act, pronouncing a different judgment, are extremely limited as far as the environmental legislation is concerned. Under these circumstances, this dissentration enlarged upon other cases where the penal court’s incidental control was “indirect”. It is established thus, thatthe administrative act or the acts of the administration generally, are of great importance as far as a penal case of environmental interest, is concerned. Even though a general rule can be arbitrary because of the particularities of each case, certain conclusions can be briefly drawn: When the environment’s downgrading can be proved through visible esthetic criteria, then the administrative act is not necessary. On the other hand, when those criteria are not visible, then it is necessary not only to examine the facts that prove the violation, but also the transgression of the administrative act when it is responsible for the violation. In conclusion, the independence of penal and administrative trial is ascertained.