1. 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 

2. Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice Contribution of the French Government

3. 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.frjean-philippe.rivaud@justice.fr www.ca-amiens.frwww.ca-amiens.fr

4. Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice The French environment law at a glance

5. Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice An ancient field of the French law

6. 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

7. 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

8. Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice The environmental law is growing very fast since the seventies

9. Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice We now have a massive Code of Environmental law

10. Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice Including increasing european and international legal provisions

11. 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

12. 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

13. 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

14. 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

15. 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

16. Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice Article 1 : right to a balanced environment respectful of the health

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice Dedicated hearings in the field of the environmental criminal law

26. 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

27. 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

28. 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)

29. 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 )

30. Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice Thank you so much for paying attention

31. Asian Judges Symposium on Environmental Adjudication, Green Courts and Tribunals, and Environmental Justice The end

32. Amiens Unesco World Heritage

33. Amiens located in the green region of Picardy The bay of Somme, on the Channel's sea side