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La protection de l'eau en droit public : Étude comparée des droits espagnol, français et italien

Abstract : Water as a natural resource in constant motion is difficult to grasp by the law. The shortage of this resource remains a major problem in parts of southern Europe, particularly in Spain, France and Italy. Faced with this challenge, enhanced legal protection is necessary with force. Is the law able to guarantee this resource protection through a special status that respects its vital and rare character? The purpose of this piece of work is mainly to set a comparative law perspective between the French, Italian and Spanish legal systems, studied in the light of the law of the European Union which promoted a standardization of water protection, even if it remains insufficient. The public domain, the concept of heritage, and the gradual recognition of the right to drink water and sanitation are the solutions proposed by the legal systems studied. The question of the effectiveness and efficiency of public water protection is at the heart of the study. It raises questions about the actors in the implementation of the protection of water, as well as an often complex sharing of skills. In this perspective, the role of the administrative judge and judges of public waters in terms of effective enforcement of protective standards for water is fundamental. So the question of the effectiveness of protection raises central, because it follows both the preventive character and the repressive nature of the sanctions imposed in the case of damaging the water resources.
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Submitted on : Sunday, September 2, 2018 - 1:14:05 AM
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  • HAL Id : tel-01865830, version 1


Victoria Chiu. La protection de l'eau en droit public : Étude comparée des droits espagnol, français et italien. Droit. Université de Toulon, 2014. Français. ⟨NNT : 2014TOUL0081⟩. ⟨tel-01865830⟩



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