French
The Conseil Constitutionnel is asked to review the constitutionality of article 1 and 3 Law n°2011-835 of 13 July 2011 on the ban of exploration and exploitation of liquid or gas hydrocarbon mines by hydraulic fracking and revoking exclusive prospecting licences that were already granted for projects using this technique.
The claimants argued that this law violated the principle of equality before the law, the freedom of enterprise ,violate the precautionary principle (art.5 Charter for the Environment), the guarantee of rights and the rights of ownership, and the principle that public policies should be reconciled with the protection and enhancement of the environment, economic development and social progress (art.6 Charter for the Environnement).
The Constitutional Council upheld the ban on hydraulic fracturing or fracking. It ruled that banning the controversial natural gas extraction process is a valid means of protecting the environment.