Resumen

The purpose of this article is to analyze the declaration of satisfactory and unsatisfactory execution of the Environmental Compliance Programs by the Superintendence of the Environment, due to the relevant effects that such determination has within the sanctioning procedure, being this instrument the most used incentive mechanism for environmental compliance by the regulated parties. For this purpose, the regulations applicable to the Compliance Programs and their purpose, the supervisory power of the Superintendence of the Environment, some cases where the environmental authority declared its execution unsatisfactory, the jurisprudential criteria in this respect and the challengeability of the administrative act that pronounces on the execution of this instrument will be reviewed. Finally, in view of the lack of legal and regulatory regulation on criteria to determine whether a Compliance Program was executed satisfactorily or unsatisfactorily, some criteria will be proposed for its determination in accordance with the purpose of this instrument, which is the promotion of environmental compliance and the protection of the environment.