Contaminación acústica y derechos fundamentales. Protección y discrepancias en su tutela judicial

Abstract

The objective of this article is to analyze the fight against excessive noise from the protection that the courts offer in considering the environmental interference can violate the protected content of Fundamental Rights. In particular, it will deal with the positions, concordant or otherwise, which are held between the ECHR and the Spanish Constitutional Court over time with special attention to their latest pronouncements. It will also briefly mention how this problem is tackled in other areas of protection – that of the European Union and the Inter-American Area – and ends with some conclusions about the importance of achieving greater harmony in this topic between interpretation and case law of the ECHR and that those of the Spanish SC and the fact that mechanisms must be sought which allow for balancing the different rights and values.