Asian Judges Symposium on Asian Judges

Symposium on Environmental Decision-Making,

the Rule of Law, and Environmental Justice

The Asian Development Bank

Manila 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 Rivaud
Deputy Prosecutor General
Court of appeal of Amiens – France
Former 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 law

Civil Code « Code Napoleon » 1804
Asian Judges Symposium on Environmental Adjudication, Green Courts and
Tribunals, and Environmental Justice

An ancient field of the French law

Civil 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 cases
e.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 region
of Picardy

The bay of Somme, on

the Channel's sea
side