Public Participation

The Conseil constitutionnel is asked to review the constitutionality of articles L.511-2 and L.512-7 paragraph 3 of the Environmental Code on the registration of environmentally-classified facilities. Association France Nature Environnement claimed that it did not comply with the Constitution, and more specifically with the principle of public participation  article 7 of the Charter for the Environment).
Decisions in article L.511-2 and L.512 of Environmental Code may have an impact on the environment. The mere publication of a project, on the absence of a process to collect public comments, are not sufficient to meet the obligations of public participation. Therefore, the law does not contain any legislative provisions for the implementation ofthe  public participation principle.  Consequently, the Conseil constitutionnel ruled that these provisions are unconstitutional.