Conflits environnementaux et décisions juridictionnelles : que nous apprend l’analyse du contentieux judiciaire dans un département français ?

Abstract

The aim of this work is to fulfil an inventory of cases considering judiciary litigation (criminal and civil courts). The analysis of environmental conflicts judged in 2006 in Puy-de-Dôme shows firstly that environmental litigation represents only about 5% of cases. On one hand, civil judgement cases concern conflicts between individuals about planning and ownership rights disputes. On the other hand, criminal litigation cases concern conflicts about noise and hunting. Concerning decisions made by the judges, on one hand, in the civil court, the judges use injunction to restore a property right to a side more than using compensation. On the other hand, in the criminal court, criminal sanction mainly consists in monetary sanction (fines) and, with 20 % of cases in forfeiture, and there is a lack of plaintiffs for damage, as if environment had not defender. Criminal judge is not a stakeholder who allocates property rights concerning environmental resources.

Keywords

• Environment
• Land-use conflicts
• Negative external effects
• Law and Economics
• Judiciary litigation