Las competencias ejecutivas en materia energético-ambiental

Abstract

This paper analyzes some recent judgments of the Constitutional Court regarding the distribution of executive powers in matters between the energetic and the environmental: carbon fund, energy efficiency and protection of birdlife in front of high voltage power lines. In the author's opinion, these judgments highlight that in the field of energy/environmental the selection of applicable competency titles and the determination of the legal nature (subsidies or not) of the actions involved are often more arduous than relevant tasks for the decision of the cases. It is suggested, therefore, the convenience of unifying the examination standards, in order to simplify the argumental development of the judgments and help the understanding of the corresponding jurisprudence.