Jean Philippe Rivaud
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Transcript of Jean Philippe Rivaud
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
[email protected] 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