Administrative powers and the mechanisms for the protection of the environment
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The enjoyment of the environment is nowadays a right to be protected by international and national authorities. This is reflected in the regulation of this right both in the international treaties and the national constitutional texts. This protected right has been also recognized in the municipal sources of law. This article studies the regulation of the right to enjoy the environment which has multiple faces and is crucial for being closely related to fundamental rights such as the right to life or the right to privacy. This key point has been signalized by several courts of all levels. Finally, the article analyzes the distribution of powers between the different levels of government in the field of the protection of the environment, together with the mechanisms that have public powers and citizens to make effective the right to enjoy the environment entrenched in the Spanish Constitution (Article 45).