Inconstitucionalidad del artículo 2 del Decreto 0934 de 2013 que impide la prohibición territorial de la minería

Abstract

This essay analyzes the ban established by the Decree 0934 of 2013 issued by the Ministry of Mines and Energy, relievingterritorial authorities from its jurisdiction to regulate mining activities directly or indirectly. The scope of this tudy is limited to the restrictions arising on precautionary principle, the democratic principle, the exercise of public functions and public policy prevention based on the case of self-proclaimed non-mining districts in Colombia. This illustrates a disagreement over the development model chosen at the territorial and national level. The last gives priority to mining activity which injuries the environment and health, despite local social rejection. This text shows how this policy contradiction is reflected by the restriction of local authorities' jurisdiction by the central government, triggering failures in the structure of the state and substantial deficiencies of performance of administrative law's principles. (English) [ABSTRACT FROM AUTHOR]