Departmental Union for the Safeguarding of Life, Nature and the Environment and others [Exceptions from measures to preserve biological heritage and the principle of public participation]

The Conseil Constitutionnel is asked to review the constitutionality of subparagraph 4 of article L. 411-2 of the Environmental Code with the rights and freedoms guaranteed by the Constitution. The applicant associations argued that, in not stipulating any requirement for public participation in the issue of measures authorizing the destruction of protected species, the contested provisions violate the requirements resulting from Article 7 of the Environmental Charter.

Provisions of Article L. 411-1 of the Environmental Code prevent any attack on wild animal or plant species and any destruction or modification or damage to their environment if their conservation is justified by a specific scientific interest or the requirements of preserving biological heritage. Pursuant to subparagraph 4 of Article L. 411-2 of the Environmental Code, a decree of the Conseil d'État must set the conditions of exceptions from this prohibition.

Parliament has the liberty to determine procedures for implementing the principle of participation, which differ depending upon whether they apply to regulatory acts or to other public decisions with an impact on the environment. However, neither the contested provisions nor any other legislative provision assure the implementation of the principle of public participation in the adoption of the public decisions concerned.  Consequently, in adopting the contested provisions without making provision for participation by the public, Parliament acted in excess of its powers. These provisions are unconstitutional.