09 août 2010
Conference of Manila - July 2010 - Environmental law
French judicial committed to the international cooperation in the field of the environmental law.
The public opinion has taken over the debate on the protection of the nature closely connected with the public health issues. They are well placed over the concerns of the authorities so that it is the duty of the judicial to enforce the environnmental law and to improve its proceedings, particularly since the French chart, dated 2004, is considering the right to the environment as a constitutional one.
In line with these remarks, judges, prosecutors and police units have to get reorganized for tackling the organized criminality networks, which are making huge and fast growing profits, while penalties are inadequate, if we compare with the narcotraffics cases.
So that there's no point to argue about the pressing necessity of developing the mutual cooperation in this field. The environmental crimes are transnational and call a worldwide judicial response. Besides, this is the reason why some are currently militating for establishing an international criminal court for the environment.
As judges and prosecutors need to be trained over our borders, the E.N.M. has been very keen in supporting the relevant initiative of the Asian Development Bank.
Coming within the framework of its development in the area of the international cooperation policy, the French National School for the Judiciary (E.N.M.), involved in the enforcement of the criminal environmental law, participated in Manila, late July 2010, in an international conference co-hosted by the Asian Development Bank and the Philippine Supreme Court.
Collaborating with the Prosecutor General's office of the Court of appeal of Amiens, France, known for its good practices and initiatives in this field as well, the E.N.M. was representated by Mr Jean-Philippe Rivaud, Deputy Prosecutor General, former judge, Prosecutor in charge of the environmental crimes department.
He gave a paper on the European directive and orientations, and specific French units established for tackling the environmental crime (e.g. The national police unit O.C.L.A.E.S.P., in charge of investigations all over the French territory, including the overseas ones, or the inter coastal courts for sea pollutions located in Marseilles, Brest and Le Havre, as well as the dedicated network of prosecutors dealing with the environmental law).
He also presented the international departement of the E.N.M., which offering of training sessions for foreign judges and prosecutors is increasingly appreciated, and highlighted the specific course of environmental law to be held next April 2011.
Gathering 120 Chiefs Justice, Senior judges and officials from all over Asia, e.g. China, India or Thailand, this seminar, representating the civil law and the common law models, has been a great occasion for sharing cutting edge experiences.
The French representative stressed how it is absolutely necessary to set up asap an interactive network of judges in this mostly transnational matter, and suggested to link with the prosecutors.
This met with a very wide approval of the participants.
This event has been one more opportunity to show how the French legal and judicial model is known all over the world and how prestigious is the National School for The Judiciary, as well as a good occasion to underline the French expertise in the field of the environnmental law and the education of the judges and the prosecutors.
This symposium should lead to a colloboration with the UNEP, which representative in Manila, Mr Bakary Kante, Director of the environmental law and conventions division, showed an interest in the French plans for the enforcement of the environmental law.
In the near, the E.N.M. may set up a collaboration programme, with the Asian Development Bank that we thank a lot for its invitation and so professional and warm welcome.
More pictures available here.