Asian Judges Symposium on Asian Judges Symposium on Environmental Decision- Making, the Rule of Law, and Environmental Justice The Asian Development Bank Manila 28 th - 29 th July 2010 Asian Judges Symposium on Asian Judges Symposium on Environmental Decision- Making, the Rule of Law, and Environmental Justice The Asian Development Bank Manila 28 th - 29 th 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 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 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 on the environmental liability e.g. # 2 Directive of the European Parliament and the Council of 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 4 th 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 to the Prosecutors Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice Essential circular of the Ministry of Justice of 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