Journal of Environmental Law Advance Access originally published online on February 4, 2009
Journal of Environmental Law 2009 21(1):87-112; doi:10.1093/jel/eqn036
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The Role of French Environmental Associations in Civil Liability for Environmental Harm: Courtesy of Erika
*PhD, King's College London (danai.papadopoulou{at}europarl.europa.eu; papakura2000{at}hotmail.com).
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Abstract |
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Last January, the Tribunal Correctionnel de Paris, in its decision concerning the Erika oil spill, clearly recognised the right of environmental associations to claim compensation for damage done to the environment per se. Taking the judgment as a starting point, this article gives a brief insight into the French regime of civil liability for environmental harm, with a special focus on the role, as provided in the regime and further developed in the case-law, of French environmental associations. The latter are formally recognised, under certain conditions, as "guardians" of the collective interest to environmental protection. As a result, they are entitled to bring civil party petitions before criminal courts in case of -largely defined- "environmental crimes". These procedural rights have been broadly interpreted by (criminal, as well as civil) courts and effectively used by associations to ensure that the "polluter pays" and that civil damages reflect, to the extent possible, the reality of environmental harm, while serving the interests of general prevention.
Key Words: environment • liability • NGOs • France • oil pollution