الحماية الإدارية من التلوث الضوضائي : دراسة في النظام القانوني السعودي

الملخص EN

The right to live in a healthy and pollution-free environment is one of the rights guaranteed by the constitutions of almost all nations.

Noise pollution is one of the types of environmental elements with great danger to the environment, public health and tranquility, which necessitated the intervention of the legislator in the issuance of laws, rules and regulations in order to provide a framework for legal protection.

This research aims to study the Saudi legal system by using a descriptive and analytical approach to fmd out the scope and the appropriate protection provided by the administrative law in the field of noise pollution.

The researcher investigated the special administrative settings, the procedures and measures for the seizure and proof of irregularities and lastly the role of the Administrative Court in monitoring the work of Protection Departments.

The research has shown sufficient evidence of the existence of legal regulations and rules special to the protection of the environment from noise pollution elements, but the adequacy and appropriateness of these rules and regulations are a subject of reservation.

Hie reason for this is due to the multiplicity of administrations responsible for the issuance of regulations and writing down technical requirements for licensing or supervising projects related to the environment.

This leads to a legal challenge in terms of duplication of work, specialization, monitoring, lack of coordination and differing standards.

Add to that the violations of the system are characterized by the difficulty to prove and capture in many cases, as well as the lack of the legal education and awareness.

There are also exceptions imposed by the practical necessity, the lack of appropriateness, the public order and sometimes, the inadequacy of measures and punishments imposed on offenders.