AA / Paris / Ümit Dönmez
The French Constitutional Council announced this Thursday, August 7, that it was censored a central provision of the law “aimed at lifting constraints in the exercise of the profession of farmer”, better known as the DUPLomb law. The heart of this censorship aims to reintroduce neonicotinoids – a family of pesticides prohibited in France since 2018 – via government derogation by decree.
By way of press release, the wise men of the rue de Montpensier judged that this provision “has deprived of legal guarantees the right to live in a balanced and respectful environment”, guaranteed by article 1 of the Environment. The measure in question allowed derogations without clear limitation in time, in space or according to the types of use – including for spray treatments, however known for their great dispersion in natural environments.
The judges considered that this drafting opened the way to a massive reintroduction of dangerous substances without sufficient supervision, in defiance of the constitutional requirements in environmental matters. The provision, appearing in article 2, is therefore declared unconstitutional, as well as a linked paragraph, deemed inseparable.
The Council also canceled article 8 of the law, for non-compliance with the legislative procedure: the article, introduced during a examination, had no connection with the initial text, in violation of article 45 of the Constitution.
– a controversial law from the outset
Departed in the Senate in November 2024 by Senator Laurent DUPLOMB (LR), the bill aimed at simplifying the standards framing agricultural activity, in particular with regard to the use of phytosanitary, breeding and water management products. Supported by the presidential majority and the FNSEA, a union of major farmers, the text claimed to “lighten the constraints” imposed on French farmers.
But very quickly, the law aroused a strong challenge among environmental associations, alternative agricultural unions, scientists and part of public opinion. The possible reintroduction of neonicotinoids, responsible for the massive decline in bees and pollinators, has crystallized the oppositions. A petition against the text brought together more than two million signatures.
Adopted on forced march, the text was rejected at first reading at the National Assembly after the vote of a motion of preliminary rejection. This procedural strategy, intended to short-circuit the more than 3,500 amendments deposited, was validated by the Constitutional Council in the same decision. He did not find a breach of the right of amendment or the sincerity of the parliamentary debate.
– A victory for environmental defenders
With this targeted censorship, the opponents of the law won an important legal victory on a central point. Neonicotinoids – and similar substances such as acetamipride or sulfoxaflor – cannot be reintroduced by simple decree, even in the event of “serious threat” on certain cultures.
However, the DUPLomb law is not buried: the vast majority of other provisions have been validated by the wise men, including those facilitating the construction of megabassines, lightening procedures for industrial farms or eliminating the obligation of phytosanitary strategic advice.
The advice decision therefore draws an environmental red line, but leaves a large part of the architecture of the text intact, to the chagrin of environmental organizations. It opens the way to a new battle, this time on the field of application.
French President Emmanuel Macron “made a good note of the decision of the Constitutional Council and will promulgate the law as it follows from this decision as soon as possible,” said the Élysée, quoted by BFMTV. The French head of state now has a period of fifteen days to promulgate the law.
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