The environmental quality and the right to peace of mind: when environmental quality protocols and the Penal Code cannot protect fundamental rights

Abstract

The purpose of this article is to highlight the fact that regulatory institutions provide little or no protection for fundamental rights. Likewise, it demonstrates the lack of protection for those people who live in the surroundings or in the areas surrounding nightlife venues, who, in the course of their activities, emit noise that exceeds the maximum permissible levels and affects the tranquility of the neighbors. Although the Constitution, Article 2, paragraph 22, states that “Everyone has the right to [...] tranquility”, this fundamental right is a mere declaration, since in practice, as evidenced by the constant complaints from society, it is a dead letter and disrespected by the local authorities in charge of its enforcement. This text gathers ideas from research in progress. It also proposes solutions regarding compliance with the environmental quality standards approved by the State. Its practical application is analyzed, in order to point out the reason for its non-compliance and non-monitoring. For this purpose, special importance will be given to environmental quality and noise pollution.