Le Droit à L’environnement, Nouveau Fondement à la Réparation du Dommage Ecologique en Droit Positif Marocain

Abstract

In Morocco, the protection of the environment is coming a major concern; it has found a substantial legal translation in recent years. But undoubtedly, the inclusion of the protection of the environment in the text of the new constitution of 2011 is the revealer of an acceleration of environmental awareness.Articles 19 and 31 of the new constitution stipulate that the State, public institutions and local authorities work towards the mobilization of all available means to facilitate equal access of citizens and citizens to the conditions allowing them to enjoy the right to a healthy environment. Just as the right to health care, the right to education on attachment to the Moroccan identity to national constants, immutable.One wonders if the right to the environment is likely to provide satisfactory answers where traditional mechanisms of civil liability have shown their limits. We are trying to make some preliminary clarifications to the concept of the right to the environment and the legal scope of its constitutionality then identify the potential offered by the right to the environment compared with the law of liability for ecological damage.

DOI: 10.5901/mjss.2013.v4n9p164