Three questions that arise after the decision of the Constitutional Council

The Sages believe that the reintroduction of acetamipride is contrary to the environment charter. Therefore, a 2004 document with constitutional value. However,

The decision has everything of a blast, especially in the agricultural world. However, The Constitutional Council censored Thursday. However. Therefore. Meanwhile, August 7, the reintroduction three questions arise after decision under the conditions of acetamipride, a pesticide of the neonicotinoid family, prohibited in France (except exceptional derogations) since 2018, on Thursday. Similarly, It was the most disputed provision of the Duplomb law. However, the name of the senator who carried the text to its final adoption by the Parliament, on July 8. Consequently, Franceinfo tries to answer questions after this dramatic stroke.

How does the Constitutional Council justify three questions arise after decision new its decision? For example. Therefore, – Three questions arise after decision – Three questions arise after decision new

In its decision relating to the entire DUPLOM law. Furthermore. published on its site on Thursday, the Constitutional Council refers to three questions arise after decision new the Environment Charter 42 times. Furthermore, This text integrated in 2005 into the French constitutional corpus affirms in its first two articles that “Everyone has. the right to live in a balanced. healthy environment” and that “Anyone has a duty to take part in preserving and improving the environment”. “The Constitutional Council constantly judges that all the rights. duties three questions arise after decision that [la charte] defined are imposed on public authorities. administrative authorities “insist the wise men in their press release.

Concretely. the Constitutional Council considered that “Lack of sufficient frame”. The reintroduction of acetamipride, provided for in article 2 of three questions arise after decision new the text, was contrary to the environment charter. Additionally, The derogations contained in the Duploss law would have been established “For all agricultural sectors. without limiting them to those for which the legislator would have identified a particular threat whose gravity would compromise. production”would not three questions arise after decision new have been “Awarded for a transitional basis for a determined period”and would have been “Decided[s] For all types of use. treatment including those which, using spraying, have high risks of dispersion of substances “.

Is it common that constitutional judges rely on the Environment Charter?

“It’s very rare”says Bertrand-Léo Combrade. specialist in constitutional law. while the text has been in force for three questions arise after decision more than twenty years. “The environmental constitutional litigation is quite ‘discreet’ in this sense”analysis with Franceinfo his colleague Thibaud Mulier. “We have around sixty decisions related to the Environment Charter, three questions arise after decision new while it dates from 2005. It is little.”

In addition. the censorship of this famous article 2 is only the 14th censorship on the basis of the Charter. “including 11 on formal or procedural articles”specifies Thibaud Mulier, who sees there “A little advance”.

What will happen now?

Emmanuel Macron three questions arise after decision new said he had “Take note” of the decision of the Constitutional Council. specifying that he would promulgate the Duplomb “As soon as possible”. The head of state technically has a little less than fifteen days to do so. “In the publication at Official Journal. explains Thibaud Mulier. There will be a reference to the decision of the Constitutional Council which will specify the reasons “ for. which article 2 three questions arise after decision does not appear there.

But the defenders of the Duplumb law intend to hand over the reintroduction of acetamipride three questions arise after decision new on the table. They will use “Political and non -jurisdictional instruments”estimates Bertrand-Léo Combrade. “I await the promulgation without delay of this law before regaining legislative work from the start of the school. year still with this objective. now validated. to lift the constraints that weigh on agriculture. our farmers”reacted to France Télévisions Laurent DUPLOMB, the Senator three questions arise after decision new LR at the origin of the bill. Questioned by AFP. Jérôme Despey. vice-president of the FNSEA. calls Emmanuel Macron and François Bayrou “Find a legislative framework” To make their promises concretize to farmers, by denouncing a “Lack of details” in law writing.

“We can hypothesize that if this article was rewritten, with more supervision, such a derogation could be considered. The Constitutional Council specifies well ‘by allowing to derogate under such conditions’. We can three questions arise after decision assume that if these conditions were reviewed. more supervised three questions arise after decision new by the legislator, it would pass”anticipates Thibaud Mulier. “If the parliamentarian follows this guideline, it can bring him luck. And if the Constitutional Council says ‘no’ a second time. he increases the risk of being accused of carrying out a ‘government of judges'”develops Bertrand-Léo Combrade.