French
The Conseil constitutionnel is asked to review the constitutionality of article L.214-17 paragraph I of the Environmental Code. The claimant argued that this article breached the principle of public participation (article 7 of the Charter for the Environment).
The provision set two different lists of streams, one for streams where no authorization or concession can be granted for the construction of new facilities if they are an obstacle to ecological continuity, and another for streams where it is necessary to ensure a sufficient transport of sediments and the circulation of migrating fishes. The inscription on one of these lists has the consequence to impose specific obligations for the stream on public authority to conserve ecologic continuity. Therefore theses decisions can be defined as public decisions with an impact on the environment under article 7 of the Environmental Charter. Consequently, this article, that did not provide for public participation, is unconstitutional.
However, Law n°2012-1460 adopted a new version of article L.120-1 of Environmental Code. According to the paragraph II of the same article, the project of decision is available to the public by electronic means. These provisions entered into force on 1st January 2013. Consequently, article L.214-17 of the Environmental Code complies with the Constitution from 1st January 2013.