The ecological emergency is gaining ground in the justice system: the bill creating “new justice for the environment”, with the establishment of specialized courts, will start its parliamentary journey in the Senate on Tuesday, with the aim of an entry in force at the start of 2021. The majority on the right will vote on March 3 on the entire text relating to "the European Public Prosecutor's Office and specialized criminal justice". The bill will then go to the National Assembly.
The Minister of Justice Nicole Belloubet should not encounter major difficulties in the Senate on this text, despite reservations from the left. Senators adopted it in committee with only 16 amendments. But, for the Syndicate of the magistracy, classified on the left, which was heard by the commission of the laws of the Senate, it "comprises two parts likely to involve a deep evolution of the criminal law, and which would have deserved more debates" .
Criminal response not up to par
The most emblematic aspect aims to improve the judicial response to environmental damage, which is currently little pursued, and with often fairly low penalties. The rate of “penal response” to environmental damage is thus only 47% (for an overall rate in criminal matters of more than 87%), according to the Attorney General at the Court of Cassation François Molins. The text provides for the creation in each of the 36 appeal courts of a specialized court, with dedicated magistrates, to deal with attacks such as soil pollution or breaches of the regulations on protected species.
The simplest cases (illegal dumping, infringements of fishing or hunting licenses) will continue to be dealt with by local courts, while the most serious, such as the fire at the Lubrizol factory in Rouen, by the two interregional hubs specialized in Paris and Marseille. The project also provides for the establishment of a new "legal response", the "ecological judicial agreement", a form of transaction, such as plead guilty, especially for companies recognizing their responsibility.
"We do not know how to repair the irreparable"
The Magistrates Union fears, however, that this measure "is not a deterrent, and that the polluters will gain the balance of power which will not fail to settle with the prosecution". "We do not know how to repair the irreparable," said for his part the boss of Greenpeace France, Jean-François Julliard.
The second important part of the text aims to adapt French criminal procedure to the new judicial authority that is the European Public Prosecutor's Office. It will be set up in November 2020 and will be based in Luxembourg. Its role is to investigate and prosecute fraud in the budget of the European Union and other offenses affecting the financial interests of the EU (VAT scams, corruption, embezzlement of public funds, etc.). The bill amends the codes of criminal procedure, judicial organization and customs accordingly.
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- Nicole Belloubet
- Justice
- Environment