Bolsas de plástico, Unidad de mercado.(comentario a la STC 100/2020)

  1. Germán Valencia Martín
Journal:
Revista Aranzadi de derecho ambiental

ISSN: 1695-2588

Year of publication: 2021

Issue: 49

Pages: 169-182

Type: Article

More publications in: Revista Aranzadi de derecho ambiental

Abstract

This small work analyzes STC 100/2020, of July 22, on the Navarran regulation of the use of plastic bags introduced by the Foral Law 14/2018, of June 18, on waste and its taxation, whose constitutionality is endorsed, despite its divergence with the basic legislation, as an additional or more protective standard in environmental matters. In the author's opinion, the basic legislation on the matter (Royal Decree 293/2018) could legitimately assert an economic competence foundation, the preservation of market unity, which, had it been accepted, would have led to a different outcome