The climate emergency is gaining ground in France

The climatic emergency is invited in the French courts. Tuesday, March 3, the Senate, mostly on the right, adopted almost unanimously the bill creating a "new justice for the environment". The text, voted with 318 votes for, 3 against and 19 abstentions, provides for the creation of a specialized court in each of the 36 courts of appeal, with dedicated magistrates, to deal with attacks such as soil pollution or breaches of the regulation of protected species.

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Specialist in environmental law at the University of Aix and director of research at the CNRS, Ève Truilhé submitted to the cabinet of the Minister of Justice, Nicole Belloubet, a report on the inadequacies and adaptations of the system in matters of environmental justice. The researcher will be heard by deputies in March when they study the bill in the National Assembly. She explains to France 24 the objectives of the text.

France 24: How will this bill change the current system?

Ève Truilhé : In general, the bill aims to improve the current arrangements. The idea is to provide a more effective judicial and penal response to violations of environmental rights. Today, the judicial system is quite ill-suited to environmental damage, particularly since these are new issues, which began to emerge in French courts after the 1970s. Quite complex cases, such as the fire at the Lubrizol factory in Rouen, were tried by ordinary magistrates. However, these cases are quite technical and it is often difficult to determine with certainty the links between damage and its effects. Specialization will allow magistrates to see more clearly.

Will all environmental cases be dealt with by specialized courts ?

No. The simplest cases (such as illegal dumping, infringements of fishing or hunting licenses, note) will continue to be dealt with by local courts, while the most complex and important will be handled by two specialized interregional poles which already exist in Paris and Marseille [Poles of public health of the TGI of Paris and Marseille, created in 2002, Editor's note].

Will judges be trained in this new specialty?

The training component is not included in the bill. But it is estimated that the magistrates who will be dedicated to these questions will be trained on the job, by dint of experience. One can also imagine - and even hope - that in the future, specializations will be created in schools and judicial training. In addition, scientific experts should come to assist the magistrates on the technical aspects.

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Is justice necessary to protect the environment?

Justice is our last bulwark. We already have texts in international law, European law and French law which are supposed to regulate damage to the environment. But in reality, they are often unenforced or violated. For certain attacks linked to industrial production, we can even speak of impunity: we know that toxic products are released into the air but the emitting factories are not worried. Or simply not prosecuted: it remains very difficult for residents to prove certain damage, such as air pollution. It is difficult to measure. Specialized magistrates will be used to this kind of difficulty.

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In the bill, an "ecological judicial convention" is provided. What does it consist of?

This is an important aspect of the law which corresponds to a form of "reparation" or transaction, such as pleading guilty, for companies that recognize their responsibility. The remedial measures established by the judge and the expert will be very concrete and detailed technically. And their implementation should be monitored. After, I wait to see how this device will be implemented.

Jean-François Julliard, director of Greenpeace France, says that "we cannot repair the irreparable". What do you think ?

It is essential to work on preventing damage. But by definition, when you are before a judge, it is because the damage has already been caused: and it is there that an appropriate remedy will be interesting. Afterwards, it is obvious that the bill was perfectible and that we could have gone further. Prosecutors, for example, should also be specialized, because when they pass from terrorist or criminal cases to environmental cases, there is always the risk that the latter will pass afterwards. Let's say this project is a good start.

Are there specialized jurisdictions elsewhere in the world?

In Europe, Sweden has set up specialized sections of ordinary courts, identical to the French bill. Elsewhere, Chile, Australia and New Zealand have specialized courts, the effectiveness of which is, however, very complicated to assess. What I can simply say is that the existence of specialized jurisdictions does not guarantee better protection of the environment. They are tools of control and, if necessary, of sanction, but still they must have the means to ensure these missions.

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