The preventive and curative nature of administrative sanctions in the field of environmental protection

Abstract

Abstract:Administrative penalties are a facet of the administration's activities. They operate regularly and steadily through the regular and effective management of public facilities by addressing violations committed by individuals that threaten the environment with harm that is negated by protecting public order and achieving the public interest, which is always the primary goal of the administration. Therefore, the administration has the authority to grant them in accordance with the laws regulating them. These penalties are of a nature specific to the authority of the administration, and are imposed independently based on the privileges of public authority, as those subject to them are ordinary individuals, not employees linked to the administration by a functional relationship, as is the case with disciplinary penalties. Therefore, we find them distinct from disciplinary penalties and criminal penalties as well. The definitions of administrative penalties are both preventative and remedial. Some may be imposed before the violation occurs, to mitigate its occurrence and avoid the resulting damage and negative consequences, with the aim of protecting public order and achieving the highest levels of public interest. Others may be imposed after the violation occurs, with the aim of addressing the negative effects of these violations and ensuring the proper management of public facilities. Therefore, these penalties are defined as having a punitive nature, imposed by the state's administrative authorities as they exercise their public powers against ordinary individuals, regardless of their identities. Therefore, one of the fundamental characteristics of these penalties is their general nature, as they are imposed on all individuals, regardless of their identities or characteristics. They also have a deterrent nature, achieving the primary goal of managing public facilities and protecting public order from legal violations. These administrative sanctions vary between those related to administrative control and criminal policy, for example, limiting criminalization and punishment, and highlighting the authority of the administration to impose these sanctions instead of imposing the authority of the criminal judiciary. Since these sanctions fall within the authority of the administration, it imposes them in the same manner as it imposes its other legal acts. The means of imposing them are administrative decisions, regulations, and bylaws, or it may resort to coercive implementation and forceful imposition whenever necessary or if previous means are ineffective.