PROPOSAL FOR THE APPLICATION OF A RESPONSIVE APPROACH IN THE DICTATION OF ENVIRONMENTAL PREVENTIVE ORDERS IN PERU

Viviana Paucar Bejarano S. · Revista Catalana de Dret Ambiental (2024) · DOI: 10.17345/rcda3960

Resumen

Through the article, a proposal is made for the application of the responsive approach in the issuance of preventive measures ordered by the Environmental Assessment and Enforcement Agency (OEFA), which are key tools to achieve regulatory compliance. The use of these measures that allow rapid action in the protection of legal assets, although they do not require the initiation of an Administrative Sanctions Procedure (ASP) for their issuance, does not imply that they are free of links with them. In recent years, the considerable increase in the issuance of these measures has led to an increase in ASP and challenges by administrators seeking to reject them. Thus, the issuance of these measures occurs in a context of conflicting positions between the auditor and the auditee, whose solution has been demanding considerable use of their resources. Along these lines, the inclusion of a responsive approach is proposed through the appropriate development of a mechanism that generates the necessary incentives for those administered to quickly and voluntarily implement the protection actions that these preventive measures seek, avoiding the processing of associated ASP to them in all cases and reducing the costs generated.

Instituciones: Universidad Científica del Sur