Binding force
A budget of the Authority binds the plan itself. An act exceeding one is void to the extent of the excess and confers no right.
Article 26(1): the ecological budgets bind the economic plan, the organs of planning, the executive committees, the communes, the regions, the cooperatives and every licensed entity.
Article 26(2): a plan, programme, licence, permit, contract or administrative act that exceeds an applicable budget is void to the extent of the excess and confers no right.
Article 26(4): where an allocation is exhausted, production dependent upon it halts, and the essential provision guaranteed under Title IV holds priority over all other use.
What follows from nullity
The excess portion of an act produces no legal effect from the outset. A permit issued beyond a budget confers no right to the quantity beyond it, and a contract concluded on that footing is unenforceable to that extent. The rest of the act stands.
An executive committee may in no case alter an ecological budget or fix a ceiling, and Article 265(1) makes void, whoever adopts it, an act attaining a result the Constitution prohibits. Any person may plead the nullity before any court at any time.
Exhaustion
| Rank | Use | Basis |
|---|---|---|
| First | Essential provision: food, water, sanitation, housing, energy, care, transport and communication | Article 62, Article 26(4) |
| Second | Registered needs in the order Title IV establishes | Article 91 |
| Third | Maintenance and restoration obligations falling in the period | Article 23(1)(j) |
| Last | All other production dependent upon the exhausted allocation, which halts | Article 26(4) |
Enforcement
| Body | What it does |
|---|---|
| Audit Office | Audits consumption against ceilings in physical units and publishes every departure |
| Ecological Chamber | Annuls, enjoins, orders restoration on a timetable, sequesters resources, and declares personal liability |
| Commissioner for Future Generations | Examines what an act transfers forward, and may require reconsideration in public sitting |
| The Authority | Determines the totals, verifies the ecological accounts, and maintains the monitoring system |
| Any person | Brings an action in the name of a natural entity, with no fee and no showing of personal injury |