However will need to change a day of perspective

The right exists only if it is effective. "This formula of Professor Motulski applies perfectly to the field of the environment; better yet, could be considered that the judge was at the origin of the right to the environment, well before the legislature. In this context, it has seen, in recent months, using increasingly more systematic repressive justice to the enormous issues facing ecological disasters. Remains whether the latter should remain the environmental common law judge.

Among the latest iconic trial to date, include the Erika trial, last January, the Court of appeal of Paris, whose decision will be made on March 30, or even the AZF trial, including the decision to relax, to the benefit of the doubt on November 19, will go to appeal. These litigation and many more to come, as the case of the Green tide, which pollutes the breton coast, thirty years are recognized to the extent of the damage to property, even to people. Above all, they contain most of the time a multiplicity of actors, both defendants and victims.

But why this attraction for the criminal trial First, it will highlight the importance of the reform of the Penal Code of 1994, which established a liability of legal persons on the environment, extended responsibility in the Perben law for all environmental offences. No doubt, Parliament heard search efficiency and exemplary in the repression, but also a factor of attraction for the civil parties.

Next to this extension of the jurisdiction of the criminal judge is the use of free expertise. In contrast to what exists in civil and administrative litigation branches, expertise does not have to be funded by the victims. But it is also in this regard that a part of it hurts. Experts appointed in trials also significant that AZF or the Mont Blanc tunnel come often from diverse backgrounds and not can be, by nature, converged.

Finally, the opening of the criminal trial in associations for the defence of the environment, the associations of victims and even the public authorities for all direct or indirect damages, undoubtedly created a breach of procedures which are are niche specific victims.

Look around the preventive

Can we dispense with the use of the criminal trial for the environment The answer is negative in the current state of things. However will need to change a day of perspective. First, the trial of environment are technical trials. A long training is essential. Reforming the procedure in criminal matters, the delete in this area would be a mistake.

If you want to move a part of the environmental criminal litigation to civil, it must also consider the question of the cost of the trial. Following an ecological disaster, victims are generally not means physical, technical or financial to face a trial in classical liability. Indeed, in an adversarial system, inequality of arms is brilliant, while in an inquisitorial system, otherwise.

But these criminal trial, and in particular those so-called "black tides", reveal primarily our sense bankruptcy at least partially of the international compensation systems, type IOPCF, which merely not only to exempt or render impossible the civil conviction, but limit or cap the compensation and reparations.

Especially, the Organization of a reflection of high-level College expertise and training of specialists seems today necessary.

Finally, it is clear that it will appear more or less long term environmental issues cannot simply or of criminal or civil. We are faced with environmental problems of collective nature of such dimension that mechanism judicial, if Advanced is will always be limited by what might be called the rule of the three units: units of place, time and action. Try to imagine a serious trial on the issue of global warming or ozone layer...

Look better and probably elsewhere, to the preventive. Even if the criminal will always a vital role to play. Is its function not to make the right to the environment not only effective but still credible and especially formidable And therefore a preventive way.