Country
France
Sources
InforMEA
Tagging
Constitutional, Public Participation
Abstract

The main input of this decision is the consecration of the legal value of the Charter for the Environment and the affirmation of the Parliament role in the environmental area. The case concerned a decree (decree of 1st August 2006 for the application of article L.145-1 of the Urban Planning Law Code) aimed at reducing the level of protection set by a law on the protection of coastline. The municipality of Annecy, which wanted to maintain a high level of protection, appealed against the decree. The Conseil d'Etat revoked the decree for incompetency.

It states that article 7 of the Charter for the Environment has a constitutional value as the rights and obligations stipulated in the Charter. The Court consecrated the principle of public participation and recognized the constitutional value of the Charter for the Environment. Hence it affirmed that public and administrative authorities have to comply with the Charter.

Then the Conseil d’Etat states that article 7 of the Charter in conjunction with article 34 of Constitution established that only the legislator has the right to specify the conditions and limits of public participation right for decisions with an impact on the environment. As the decree intervenes in this area, the government contravened its power.
Article 7 in conjunction with article 34 Constitution provides that regulatory power can only implement measures under conditions laid down by national legislation. Therefore regulatory power can implement measure of the Environment Code and Planning Code for the provisions before 1st March 2005 or from 1st March 2005, if they comply with the Charter for the Environment.