La potestad sancionadora local en materia de residuos

Abstract

The power to impose penalties in the field of waste is of considerable importance due to its clear connection with environmental protection. The traditional role of municipalities in this sector is also evident when it comes to imposing administrative sanctions, especially in matters related to the management and disposal of household waste. However, the articulation of municipal by-laws, which also typify some offences, with the sanctioning provisions of the LRSC is confusing and should lead to a review of these by-laws, precisely now that many of them are in the process of adapting to the new Law on Waste and Contaminated Soil. For its part, the configuration of the legal regime of penalties established by this Law ignores some of the issues related to the parties responsible for the penalties, the classification of infringements or the graduation of fines, which the doctrine has been warning about, with little success, over the last few years.

Keywords:

Residuos domésticos, sanciones administrativas, concursos de normas y de infracciones, principio de tipicidad, graduación de las sanciones