The Role of the Administrative Judge in Environmental Disputes: A Comparative Study
Dr. Mohamad Hasan Al Kandari
Chancellor at the Fatwa and Legislation Department Council of Ministers – Kuwait
The issues of protecting the environment against the dangers of pollution and achieving sustainable development are among the most important contemporary issues at all international, regional and national levels, as their dangers intensified and threatened the whole world with destruction and annihilation. Protecting the environment and achieving sustainable development are of a complex and varied nature. It is imperative to exert the necessary attention from all state agencies and departments, each according to its competence, and review the legislation and experiences of developed countries and international organizations to borrow modern legal solutions to confront them, as well as using all modern technical techniques to face these issues.
In order to face the problems of environmental protection, it is necessary to establish procedures and administrative control measures related to environmental affairs issued by the administrative authorities to prevent pollution of the environment, limit its damage or restore the situation to what it was in accordance with the texts and principles in force within the framework of public law and under the control of the administrative judge to determine the extent of its legality on the one hand, and control the elements of administrative responsibility to compensate for the damage of environmental pollution on the other hand.
To achieve these goals, we present the environmental protection provisions in both Kuwait and France’s environmental protection law, and the latest principles and provisions reached by the French administrative judiciary in this regard, in order to reach the best administrative policy for environmental protection in Kuwait.
Keywords: environmental protection, legality, environmental impact, administrative control, financial responsibility.