Les valeurs des polices de l’eau
Water In France, in spite of the existence of an important penal device which aims at fighting against the attacks with the environment, the protection of water and the aquatic environments assured efficiently? Also, this criminal law does it protect T water, essential component of the hydro systems...
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| Format: | Article |
| Language: | fra |
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L’Harmattan
2014-12-01
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| Series: | Droit et Cultures |
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| Online Access: | http://journals.openedition.org/droitcultures/3436 |
| Summary: | Water In France, in spite of the existence of an important penal device which aims at fighting against the attacks with the environment, the protection of water and the aquatic environments assured efficiently? Also, this criminal law does it protect T water, essential component of the hydro systems, as an essential value of the company? The objectives to reach the good state of water for 2015, fixed by the parent directive n° 2000/60 of October 23rd, 2000 establishing a framework for a common policy in the field of water, led to the adoption of the law on water and the aquatic environments of December 30th, 2006, modifying that of 1992. Contrary to the displayed ambition, this new text seems to establish a less protective normative construction for the aquatic environments than of the old laws, the such law fishes of June 29th, 1984. The report is that currently, the criminal law of the environment does not devote the existence of a material public order, since in France one sticks to the administrative status. In other words the criminal law of the environment has more authority to sanction non the respect of administrative regulations, thus confining it with the simple row of disciplinary right, rather than to sanction the attack with an essential value which would be devoted by the emergence of concepts sanctimoniouses. The character of this administrative criminal law is probably one of the leading causes of its inefficiency, more especially as the various incriminations which compose it suffer from an excess of technicality, the legislator being generally satisfied to return the modes of enforcement of the law to the regulatory power which does not miss imagination to make the rule very complex and thus inapplicable. When the legal judge does not ignore this normative maquis, it arrives sometimes which jurisprudence interprets the penal standard in an extensive way that is on the level of the material characterization of the infringement or the intentional element thus giving all its value to environmental protection. Certain time still, it is allocated to the judge to define concepts that the legislator did not intend to specify. In addition, although penal sanctions exist and are same of a dissuasive appearance to the glance as of sorrows which can be marked, the classical repression of purely legal nature is not even favoured. The last reform instituted by the ordinance of January 12th, 2012, which intended to fulfill the requirements of the directive of November 19th, 2008 relating to environmental protection by the criminal law, extends to against current, the possible recourse to the penal transaction for all the infringements contained in Code of the environment. The fact of compromising on environmental offences marks a regression of ecological dimension in the social life. It created a rupture with the recognition of a fundamental value granted to water. This mobility towards the dejudiciarisation of the sanction, translated through the preeminence of the penal transaction in the regulation of the dispute of water, pursues the goal to sanction quickly and well with lower costs, when well even this countable reasoning is in rupture with the ideal of a good justice, guarantor of the defense of the fundamental values of our company. |
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| ISSN: | 0247-9788 2109-9421 |