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Les préjudices environnementaux. Essai sur la dualité de l'office du juge judiciaire

Abstract : The judge has authority, art, science and caution. He comes back to the litigant when he thinks his interests are injured. He has to be confident and be the guarantor of rights and duties of anyone. The judge deserves this confidence. Front to environmental prejudices, the judge has to improve a fair justice. As a matter of fact, he tries to make everyone’s rights as the ones who belong to environment per se. He is the one who contributes to the uprising of a true ecological public order. He demonstrates his ability to stop, fix or compensate damages relating to environmental harm. Despite the birth of this social and evolving environmental paradigm, the judge is part of a leverage effect in order to expand cival liability. Nevertheless, he is facing legal obstacles to fulfil his tasks. On the one hand, these obstacles are inherent to law which anihilate legal proceeding. However, the judge is not necessarily having the intellectual ressources to realise his role as a jurisdictio. On the other hand, operating procedures act as a serious break for the judge. Especially in legal proceedings where environmental issues are conducive to the common heritage of humankind and future generations. The judge has to build and maintain a true environmental action.
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Submitted on : Thursday, January 2, 2020 - 1:53:14 AM
Last modification on : Wednesday, October 14, 2020 - 4:22:36 AM


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  • HAL Id : tel-02426265, version 1



Michaël Bouru. Les préjudices environnementaux. Essai sur la dualité de l'office du juge judiciaire. Droit. Université Côte d'Azur, 2018. Français. ⟨NNT : 2018AZUR0003⟩. ⟨tel-02426265⟩



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