الموازنة بين الحق في الاستثمار الصناعي، والحق في العيش ببيئة نظيفة

Abstract EN

The problem of balancing the right to industrial investment and the right of the individual to live in a clean environmentIf the right to invest is a hidden right guaranteed by the constitutional founder and its provisions are regulated by the investment law, then the right to live in a sound environment is also a hidden right guaranteed by the constitution and regulated by environmental legislation.

Hence, if the investor has the freedom to invest and a set of guarantees that guarantee his investment of his money, including tax incentives, this does not mean that the freedom of investment expands to the extent that the investor harms the environment by polluting it as a result of his investment activity.

Hence, it was necessary to draw a kind of balance between the right to invest and the right to live in a sound environment.

Among the mechanisms that ensure balance, we find criminal intervention, which constitutes a general pillar for protecting the environment through penal sanctions that restrain the investor from polluting the environment.