Access to justice Regional Workshop for High-Level Judiciary Tirana, november 2008 Article 9, § 1 and 3 Current issues under French law Frédérique Agostini

Article 9.1 ● French law : – Provides a specific legal framework for access to environmental information, linked with the general framework on access to administrative documents: ● Administrative reconsideration and rewiew ● A legal review by an independant body, established by law, whose legal advice must be requested before any judicial review ● A judicial review by an administrative court, through fast track procedure if the case meets the criteria for such a procedure

Article 9.1 ● The role of the judiciary : – Actor contributing to the awareness, the knowledge and the enforcement of the articles 4 and 9 the Convention ; – But also gardian of the relevant use of the Convention 's provisions

Article 9.1 Some current issues : ➢ Disclosure of information preliminary to a public decision : All completed information must be disclosed ➢ Disclosure of information held by private bodies Protection of commercial and industrial information Review in front of a civil court ➢ Disclosure of information related to the location of the deliberate release of GMO : The parcel of land

Article 9.3 (and 4 and 5) ➢ Administrative courts : Acts and omission by public authorities Cases submitted to the court by the interested party, preliminary, summary and ordinary procedure Injunctive relief possible The court control the procedural and substantial legality of the act or omission Constitutionnal issues may be submitted to the constitutionnal court

Article 9.3 (and 4 and 5) ➢ Civil courts : Acts and omission by private persons Cases submitted to the court by the interested party,through preliminary, summary and ordinary procedure Injunctive relief possible Constitutionnal issues may be submitted to the constitutionnal court ➢ Criminal courts : Acts and omission by any person, that constitute a criminal offence, Cases can be brought to court by the public prosecutor, by the victim or by an NGO if it meets the criteria Constitutionnal issues may be submitted to the constitutionnal court

Article 9.3 (and 4 and 5) ➢ NGOs : Broad access to justice : - Standing broadly granted by civil and administrative courts - Legal standing granted by law for some NGO and public authorities in administrative and criminal matters - No specific legal aid

Article 9.3 (and 4 and 5) Some current issues ➢ The constraints of the legal system : Determination of the court that has jurisdiction ➢ Length of procedures : ➢ Costs of procedures :