Document Type : Original Article
Author
Associate Professor, Faculty of law, University of Qom, Qom, Iran
10.22034/jess.2024.445622.2235
Abstract
Abstract
Air pollution in third world countries has become a serious crisis for the citizens due to the increase in population and the activities of polluting units. In this regard, in addition to criminal measures, legal systems also use administrative and disciplinary measures to deal with this phenomenon. This article has reviewed and evaluated the evolution of administrative and disciplinary measures against air pollution in the framework of French law as a country that has accumulated legal experience on air pollution for many years. These experiences based on administrative law can be considered as a good solution for countries with air pollution problems, including Iran. The basic purpose of administrative and disciplinary regulations is to prevent, monitor and target or reduce air pollution. The most important of these measures include tax crimes, inspection, determining the permissible limit of pollutants, canceling licenses, and the like. In this article, by using analytical and descriptive methods, it has been tried to answer the basic question that according to the experience of French law, what administrative and disciplinary measures can be identified to deal with air pollution. The most important feature of the French legal regime in the field of dealing with air pollution is the preparation and implementation of plans to deal with air pollution by administrative authorities.
Introduction
To deal with the spread of air pollution, various rules and solutions have been formed and developed in legal systems. For example, in the Clean Air Law of Iran approved in 2016, we see a variety of these tools. Administrative and disciplinary measures in the field of pollution laws are such that nowadays some people consider the effectiveness and effect of these measures more than judicial and penal measures. The use of administrative and disciplinary measures in French law is more diverse and It has been developed in two areas: economic and environmental protection. Article 220-1 of the French environmental law emphasizes the duty and role of public authorities in the field of adopting anti-pollution policies to prevent, monitor, reduce and eliminate atmospheric pollution and protect air quality. In the international law of atmosphere protection, France is committed to take administrative and disciplinary measures to implement international obligations to deal with atmospheric pollution. Regarding the administrative implementation of these measures, an official called the governor (Préfet) plays the main role, especially in the supervision of classified establishments and polluting units. Most of these guarantees are provided in Articles 2-11-226. According to the last part of Article 220-1, these actions can include measures such as prevention, monitoring, elimination and reduction of air pollution. In the continuation of this article, we have discussed the most important administrative and regular guarantees with regard to the violation of French law. According to the laws of Iran, according to the rules and customs established in the French environmental code, administrative authorities have the right to continuously inspect polluting units. According to Article 226-2 of the French Environmental Code, in addition to judicial police officers and agents who work within the framework of criminal procedure regulations.
Implementation of administrative and disciplinary guarantees is the responsibility of organizations and administrative authorities. Organizations and administrative authorities have the main role in dealing with air pollution, and the implementation of administrative guarantees is directly related to the way the authorities and administrative organizations act. On the other hand, dealing with atmospheric pollution is an interdepartmental issue. These organizations play a key role in the implementation of laws and regulations. What seems to be the most important issue is in the framework of administrative guarantees and the implementation of rules and regulations and systems and dealing with air pollution.
The French Ministry of Environment is in charge of the general policy of dealing with pollution, including atmospheric pollution. These tasks are implemented by regional administrations under the supervision of an official named "Governor". This ministry has specially established the "Pollution and Dangers Prevention Management", one of its main duties is to monitor the air quality and deal with atmospheric pollution, in addition to preventing nuisances and dangers caused by pollution. In addition to these, we should mention the "Inter-Ministerial Committee on Greenhouse Effect" which has been established in this ministry since 1992. whose main goal is to fight against greenhouse effects at the national level with the cooperation and coordination of other relevant bodies.
Methodology
The method is analytical-descriptive research is by using library sources and referring to the most important documents and laws and regulations of air pollution in French law.
Conclusion
One of the important results of this article was the identification and introduction of administrative and disciplinary measures to deal with air pollution in the exemplary legal system of France. The most important feature of the French legal regime in the field of dealing with air pollution is the preparation and implementation of plans to deal with air pollution by administrative authorities. The use of preventive tools to reduce the emission of air pollution sources is one of the other powers given to law enforcement authorities. As can be seen in the analysis of the article, the most important of these measures include tax crimes, inspection, setting the permissible limit of pollutants, cancellation of permits and the like, considering the importance of these measures in solving the problem of air pollution, the results of this study can be used by Iran's legal system Including in the design of mechanisms to deal with air pollution. Unfortunately, what is emphasized more in Iran's law is punitive and repressive measures. In the meantime, determining the permissible limit, preventive administrative policies, inspection and supervision are much more important. Fortunately, some of these measures are mentioned in the Clean Air Law approved in 2016. However, it needs more attention in practice. Paying attention to the experience of French administrative and disciplinary law and paying attention to its evolution in this field, especially in its supervision and control through administrative and disciplinary authorities, is the most important aspect of this article.
Keywords
Air pollution, administrative law, disciplinary measures, French law, Air pollution law.
Keywords