«More specialized training in the environment and climate change by the judges». This is what they claim from the International Institute of Law and Environment (IIDMA), since they consider from this entity that is imposed that the Spanish Judicial Power make a more effective application of the legal system in this type of issues.
This has been revealed in an event organized by Iidma together with the Environment and Climate Section of the illustrious College of the Advocacy of Madrid with the participation of representatives of Judicial Schools of France and Argentina, in addition to members of the Spanish Judiciary.
«It is necessary to train the judges to achieve an effective application of the legal system and guarantee effective judicial protection before the climate change crisis, loss of biodiversity and pollution«, They explain.
Spanish judges need to train in the environment and climate change
The specialized training in the environment and climate change in the Spanish judiciary is an impossible need to respond effectively to the increase of claims and litigation in this matter, as has been revealed in the day “the environmental and climatic formation in the Judiciary: a necessity or an imperative?”, Organized by the International Institute of Law and Environment (Iidma) at the headquarters of the illustrious College of the Advocacy of Madrid.
«The formation of judges in this matter It is still insufficient to respond to the increase and complexity of demands that arise before the courts due to problems related to environmental protection and climate change in many occasions to the correct application and respect for legislation in these matters. Developing more specialized training is something inevitable, so once again a call is made so that training programs in the Judicial School incorporate most specialized contents of these disciplines«, Says the director of Iidma and president of the Environment and Climate Section, ICAM, Ana Barreira.
United Nations has found that before the triple planetary crisis: climate change, loss of biodiversity and pollution, citizens present more and more claims in court to demand forceful measures.
In many cases, government or private sector action is required to reduce greenhouse gas emissions, which is known as climatic litigation. In others, the degradation of ecosystems and the contamination of certain areas are denounced. And in other cases, of growing actuality, the Greenwashing or Ecopostureo is denounced. In all these processes, an effective application of the broad legal system in this area is expected and guarantee judicial protection.
In addition, the Citizen Assembly for Climate (ACC)in its final report of recommendations to achieve “a safer and more fair Spain in the face of climate change” included, in number 146, the need to “train judges and members of the judiciary about legal responses to climate change and environmental protection.” With a 97.75% support by the members of the Assembly, the recommendation seeks to promote a “specific” training of this sector in terms of climate change and environmental protection.
«In terms of the environment there are sufficient legal instruments for their effective protection, but in Spain a sufficient application of environmental norms is not recorded. In that sense, the role of the judiciary is essential to deal with the environmental crisis responding to the cases they must judge, ”they claim.
Given the increase of this type of litigation, which in Spain a large part is settled before courts of the contentious-administrative or criminal order, the Iidma is committed to the Creation of specialized courts or rooms that would allow a more specific approach to environmental conflicts being a complex matter.
These types of environmental courts already exist in more than 50 countries, such as Canada, Chile or China, and counting them in Spain would contribute to expediting judicial procedures, to an effective application of the legal system in this area guaranteeing judicial protection, as well as Avoid more damage to the environment.