CONSIDERING the draft law on Biodiversity including the notion of Ecological Prejudice, studied on March 2, 2016 in the Sustainable Development Commission of the National Assembly,
CONSIDERING the amendment tabled on March 1, 2016 by the Government in the draft Biodiversity Law concerning the non-repair of the Ecological Damage resulting from an authorized infringement stipulating ”The damage resulting from an infringement authorized by the laws, regulations and international commitments of France or by a title issued for their application is not reparable, on the basis of this title”.
CONSIDERING Deliberation No. 14/018 of the Board of Directors of the Corsican Environment Office dated July 11, 2014 concerning the action that the Minister of Justice intended to take in response to the filing of the draft law on ecological damage that she had announced for the year 2014,
CONSIDERING the deliberation N°14/217 AC of the Assembly of Corsica dated December 18, 2014 concerning the Bill on Ecological Harm,
CONSIDERING Opinion N° 2014-31 of the Economic, Social and Cultural Council of Corsica dated 16 December 2014 concerning the Draft Law on Ecological Damage,
CONSIDERING the report of the Lawyers’ Club of January 2012 entitled “Better repairing environmental damage”,
CONSIDERING the Erika decision of the Criminal Chamber of the Court of Cassation of 25 September 2012,
CONSIDERING the interruption of the parliamentary shuttle, following the unanimous vote in the Senate on 16 May 2013 of the so-called Retailleau bill,
CONSIDERING the Jegouzo report for the reparation of the Ecological Damage delivered on 17 September 2013,
CONSIDERING the Ajaccio Appeal formulated on 23 June 2014 by the speakers at the colloquium on “the stakes of a law on Ecological Prejudice”,
CONSIDERING the February 2016 APCEF report entitled “Repairing Ecological Harm in Practice”,
THE CORSICAN ASSEMBLY
REQUESTS the Minister of Ecology, Sustainable Development and Energy to integrate the Ecological Prejudice into the Civil Code without limitation of reparation, which would go against the “polluter-pays” principle.
