Commissaire-enquêteur: his role in the public inquiry and the ICPE file investigation

The investigation procedure for a facility classified for environmental protection requires strict adherence to the various stages by the investigating commissioner.

The investigating commissioner (commissaire enquêteur or CE) is one of the players involved in the procedure for the appraisal of a facility classified for environmental protection (installation classée pour la protection de l'environnement or ICPE). Acting as an intermediary between the petitioner and the public, he must give his opinion on the project to the prefect.

The CE intervenes within the framework of a public inquiry opened by prefectoral decree (AP) during which the public is called upon to express its views.

• Who is in charge of organizing this survey?

• How is the Works Council chosen and who appoints it?

• How can the public express their views and have the opportunity to help the dossier evolve?

• What are the consequences of an unfavorable opinion from the Works Council?

There are three essential stages in the role of the investigating commissioner. The first begins prior to the inquiry, with a period of study and preparation. The second involves listening to the public. Finally, after the close of the inquiry, there is a period of consultation and drafting of the report, at the end of which the commissioner will formulate his opinion.

The investigating commissioner may need to meet the petitioner at each of these stages. Everyone must therefore be available.

For very important cases, the President of the Administrative Tribunal may propose a commission of inquiry (an odd number of CEs) instead of a single CE.