Serial sanitary disasters and judicial accountability ; Les catastrophes sanitaires sérielles et la recherche judiciaire des responsabilités
Serial sanitary disasters now punctuate the history of damages. In facing such risks, progress made in recent years has focused on prevention and upstream processing through the implementation of a strong legislative arsenal with preventive purposes. Yet, this legislative arsenal based on "avoidance" cannot be effective without a corresponding "sanctioning" mechanism. However, our classic liability law is ill equipped in terms of searching for the truth, the causes of such events and effectively engage responsibilities. This sense of impunity comes from the inadequacy between the classic liability law and the particularities of serial sanitary disasters. The progress in adapting our liability law to this type of events is already remarkable. Nonetheless, the construction of an actual law for natural disasters remains an open question.The subject of this study is precisely to study the specificities of sanitary disasters, particularly serial ones, in order to see how our liability law adapts to it. The purpose here is to propose possible solutions to further develop, complete or even reform our liability law to align judicial accountability research with the specificities of serial sanitary disasters and thus make it more efficient and effective.The specificities of serial sanitary disasters firstly have an impact on substantive law that governs civil, administrative and criminal liability (Part I). Furthermore, the difficulties posed by serial sanitary disasters also impact procedural law and the judicial system. Indeed, we must not forget that procedural rules condition the effectiveness of the liability law rules (Part II).But before getting into the substance of the analysis, it will be necessary to agree on the notion of serial sanitary disaster. In fact, it is necessary to conceptualize a notion that can become the crucible of a legal model. ; Les catastrophes sanitaires sérielles rythment désormais l'histoire des dommages. Face à de tels risques, les avancées de ces dernières années ont été marquées par ...