مدى حجية الدفوع الخاصة في إعفاء صاحب المشروع الاستثماري من المسؤولية البيئية

Abstract EN

Summary in EnglishIn order to achieve the principle of justice, most of the legislations in the area of environmental crimes require that the environmental offender be given the right to hold several special defenses in order to exempt him from environmental harm, especially if he takes every precaution to curb pollution caused by his institutions.

On the other hand, these special defenses vary from administrative defenses to personal defenses, but they differ in terms of legal authority.

This gives the judge broad discretion in taking one of these defenses without the other.

In the ence of an exclusive legal standard for the total defenses, This is in light of the lack of provisions governing environmental responsibility, especially with respect to the criteria for determining special defenses, while noting that the jurisprudential opinion was strongly present with regard to the issue of defenses exempt from environmental responsibility, and was divided between supporters and opponents of these defenses.