Asian Judges Symposium on Asian Judges Symposium on Environmental Decision-Making,

the Rule of Law, and Environmental Justice

The Asian Development BankManila 28th - 29th July 2010

Asian Judges Symposium on Asian Judges Symposium on Environmental Decision-Making,

the Rule of Law, and Environmental Justice

The Asian Development BankManila 28th - 29th July 2010

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Contribution of the French Government

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Mr Jean-Philippe RivaudDeputy Prosecutor General

Court of appeal of Amiens – FranceFormer judge

jean-philippe.rivaud@justice.fr www.ca-amiens.fr

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

The French environment law at a glance

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

An ancient field of the French law

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

An ancient field of the French lawCivil Code « Code Napoleon » 1804

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

An ancient field of the French lawCivil Code « Code Napoleon »1804

First significant law (about hazardous installations) 1917

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

The environmental law is growing very fast since the seventies

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

We now have a massive Code of Environmental law

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Including increasing european and international legal provisions

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Including increasing european and international legal provisions

e.g. # 1

Directive of the European Parliament and the Council of 4-21-2004 on the environmental liability

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Including increasing european and international legal provisions

e.g. # 1

Directive of the European Parliament and the Council of 4-21-2004 on the environmental liability

e.g. # 2

Directive of the European Parliament and the Council of 11-19-2008 on the protection of the environment through the criminal lax

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Including increasing european and international legal provisions

As well as amendments of the Constitution

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Including increasing european and international legal provisions

As well as amendments of the Constitution

Charter of the environment of 2004

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Charter of the environment of 2004

Inserted in the Preamble of the Constitution of 4th October 1958

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Article 1 : right to a balanced environment respectful of the health

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Article 1 : right to a balanced environment respectful of the health

Article 4 : obligation to repair the damages to the environment

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Article 1 : right to a balanced environment respectful of the health

Article 4 : obligation to repair the damages to the environment

Article 7 : right to get informations from the public authorities

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Article 1 : right to a balanced environment respectful of the health

Article 4 : obligation to repair the damages to the environment

Article 7 : right to get informations from the public authorities

Article 8 : right to access to education in the field of the environment

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Since the nineties, the Government is improving the education of the judges and the prosecutors in this field

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Since the nineties, the Government is improving the education of the judges and the prosecutors in this field

And strengthens its policy in the field of the environmental criminal law

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Essential circular of the Ministry of Justice of 5-23-2005 to the Prosecutors

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Essential circular of the Ministry of Justice of 5-23-2005 to the Prosecutors

Requiring the reorganization of the prosecutor's offices all over the national territory as well as in the oversea

territories

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

One prosecutor in charge of the environmental crimes department

In each Court of justice

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Dedicated hearings in the field of the environmental criminal law

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Dedicated hearings in the field of the environmental criminal law

2 Courts (Paris & Marseille) have jurisdiction for the most important casese.g. international trafficking of wastes

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

2 Courts (Paris & Marseille) have jurisdiction for the most important cases

e.g. international trafficking of wastes

3 Courts have jurisdiction for the sea pollutions

Mediterranean sea : Marseilles

Atlantic Ocean : Brest

The Channel : Le Havre

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

These Courts come with specialized teams of judges and prosecutors

Dealing with dedicated police units

As the OCLAESP

(national unit created in 2004,

investigating the most important criminal cases)

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Importants efforts are made to improve the skills of the judges and the prosecutors

Training sessions implemented by the National School for the Judiciary

( Ecole Nationale de la Magistrature )

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

Thank you so much for paying attention

Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice

The end

Amiens Unesco World Heritage

Amiens located in the green regionof Picardy

The bay of Somme, on the Channel's seaside