The Role of the judiciary in Activating liability for presumed envirommental Risks.

Contemporary envirommental law is undergoing a profound conceptual transformation due to the growing emergence of complex and unpredictable envirommental risks,which challenge the traditional models of legal liability grounded in the occurrence and certainty of actual domage. In the context of the « Risk Society », envirommental harm is no longer necessarly associated with a present and verified injury ; rather, it may take the form of a potential threat or a presumed risk whose effects are difficult to establish with immediate scientific certainty. This development calls for a reconsideration of the classical fondations of civil and administrative liability, against this background, the Study raises a central question : to what extent can the judiciary activate legal liability for presumed envirommental risks in the absence of actual damage, without undermining the principles of legality and legal certainty ?