i

Environmental Law Journal becomes part of Scielo Chile

The publication edited by the Environmental Law Center will be part of an open access collection of Chilean scientific journals in all areas of knowledge.

The Environmental Law Journal, edited by the Environmental Law Center of the Law School of the University of Chile, was admitted to be part of the SciELO - Chile Scientific Electronic Library.

SciELO - Chile is an open access collection of texts from Chilean scientific journals, from all areas of knowledge, which predominantly publish articles resulting from scientific research, and which uses peer review of the manuscripts they receive, which show a growing performance in the indicators of compliance with the indexing criteria.

"We are very pleased with this recognition, which is the result of an effort of continuous improvement of the editorial processes developed by the editorial team, which has resulted in the growing increase in the quality of the articles published over the years," said the director of the Journal, Prof. Valentina Durán Medina, adding "we are grateful for the support of the Faculty, which through its Dean, Prof. Pablo Ruiz-Tagle, and the Journals Program of the Research Department, headed by Prof. Daniel Álvarez, has provided permanent support to the work of the journal."

"Once the collaboration agreement between the Faculty of Law of the University of Chile and the National Agency for Research and Development (ANID) is signed, the full incorporation of the journal to this collection will take place, starting in 2022" explained the editor Jorge Ossandón Rosales.

This good news is in addition to the admission, in 2020, of the Environmental Law Journal to the SCOPUS database.

As a result, in 2022 the Environmental Law Journal will already be indexed in Scopus, Redib, DOAJ and Latindex, in addition to ScIELO, with the support of SISIB and the Journals Program of the Research Department of the Law School of the Universidad of Chile.

It should be noted that Issue 16 of this biannual journal will be published on December 31.

 

The gordian knot of the environmental contentious administrative

Authors

  • Daniela Jara Universidad de Chile
  • Álvaro Núñez Universidad de Chile

Abstract

The article describes the claim of article 17 N° 8 of Law N° 20.600, re-viewing the main problems that have faced in its judicial process, then analyze the sentenc-es related to administrative invalidation, pausing in those that have received the claims sought. Furthermore, the decisions of the environmental court is reviewed and the term in which the rule is emitted, analyzing whether these procedures ensure effective judicial access in environmental matters. It also examines the possibility that the environmental pro-tection action may be erected as a more efficient legal remedy considering the problems identified in the claim action of article 17 No. 8 of Law No. 20.600. For this, we review the rulings of 2017 that modify the current jurisprudence of the Supreme Court, which was deferent to the specialized judiciary. Finally, a solution is presented to the problems identi-fied, through the application of the principle pro actione, according to which the environ-mental courts should prefer the substantive and definitive solution of the controversies that come to their knowledge, solving the substance of the request of invalidation, leaving only for exceptional cases the return of knowledge to the administration.

Keywords:

Administrative complaint, Invalidation, Pro actione principle