Nevertheless,
Petition, risks environment health …:
Is the Duplumb law in accordance with the French Constitution? Furthermore, This is the thorny question to which the Constitutional Council must answer by August 11 – “a priori” On August 7. Therefore, according to the wise men, cited by AFP – while a petition to cancel the law reached two million signatures on the site of the National Assembly. Nevertheless, At the same time, the stands multiply to call the body to censor the text.
This law aims to soften the environmental. Consequently, health standards which are imposed on farmers, in order to be more competitive in the face of foreign countries, especially within the European Union. Similarly, Among its flagship measures. Moreover, the authorization of the “mega-bassines” or the reintroduction under the conditions of a controversial pesticide, the acetamipride, prohibited in France since 2018.
Much awaited by the detractors of the text. petition, risks environment health … Consequently, whose deputies of the left wing, the decision of the wise men is the last step before the promulgation of the law. However, Franceinfo explains to you why this opinion is particularly scrutinized.
Because a petition against this law exceeded two million signatures
Never had a petition been signed in the. Consequently, history of the Fifth Republic. Consequently, The overcome of the two million signatures of support for a text against the Duplomb law was reached Monday. Additionally, Consequently, July 28, a sign of a large -scale popular mobilization against this text. In addition, While a debate must take place in the National Assembly in September. Similarly, the petition does not open the way to a new vote on the law. Therefore, Many hopes are thus in the hands of the wise councils.
“The Constitutional Council has often been at the heart of strong citizen mobilizations. However, as petition, risks environment health … during the pension law, for example”, Recalls Marine Fleury, lawyer specializing in constitutional environmental law. Consequently, “But even if it can play. For example, that’s not what will determine its decisions, because the Council must always be based on the interpretation of the laws”, she says.
Loïc Blondiaux. However, Professor of political science at Paris 1 Panthéon-Sorbonne University, either does not believe in a popular influence on the legal aspect of the decision of the wise men. “There could be five million petitioners, it would not be absolutely anything from a legal point of view. Furthermore, From a political point of view. it seems to me that the Constitutional Council will have to take into account this petition in the choices they will make. The Council is pronounced in law and it is, in general, quite waterproof for political pressures. But still, it is one of the parameters of its petition, risks environment health … decision.”
Because environmental defenders denounce a legal decline
In its article 2. the DUPUMB law reintroduces, under certain conditions, a pesticide banned in France since 2018, acetamipride. At the time of its ban, the substance was deemed dangerous for the environment, and in particular for bees. Many studies show. in fact, that the neonicotinoid is well assimilated to a “bee killer”, a vital pollinating insect for the reproduction of plants.
As such. the opponents of the Dupumb law hope that the Constitutional Council will detect a contradiction with the Environment Charter. This text. which lists fundamental rights and duties relating to environmental protection, has since 2005 has a “constitutional value and (…) protects the French “notes the environmental senator Daniel Salmon, quoted by AFP. The charter indicates that “Everyone has the right to live in a balanced and healthy environment”. The Council must also determine whether prevention measures in petition, risks environment health … the face of risks for biodiversity are provided for in law.
Some lawyers also mention the principle of “non-regression of environmental law” to justify possible censorship. It stipulates that the State is required to advance the laws that protect the environment. In the context of the DUPLomb law. it is invoked to denounce the reintroduction of pesticides, the increase in maximum pork and chicken breeding thresholds or the authorization to build “mega-basins”, without having to justify their usefulness.
For the moment. the principle of “non-regression” is only inscribed in the environment code, which, unlike the Environment Charter, “does not have a constitutional value”, Recalls Marine Fleury. In 2020. the Council had already rendered a decision in favor of the exceptional reintroduction of pesticides on certain types of crops and over a fixed period. “The Constitutional Council had not. however, excluded to take into account later the obligation made to anyone petition, risks environment health … to improve the environmentexplains Marine Fleury. If he chooses this path, it would be a precedent and protection for French environmental law. “
Petition, risks environment health …
Because doctors defend the principle of public health precautionary
No clear scientific consensus currently exists on the effects of. acetamipride on human health. EFSA. the health agency which gave an opinion favorable to the use of pesticide in the European Union in May 2024, had still estimated that there were “Major uncertainty” As for the toxicity of the product on the human brain, and had called to conduct studies “In -depth”.
More generally. an inserm study of 2021 had concluded that “Strong presumption of a link between exposure to pesticides” and the occurrence of pathologies. She quotes the “Prostate cancer, Parkinson’s disease, or cognitive disorders”. Especially on workers, children, pregnant women and residents exposed to substances.
Faced with these results. the order petition, risks environment health … of doctors took a position, saying in a statement published on Wednesday that “the Doubt is not reasonable when it comes to substances likely to expose the population to major risks: neuro-developmental disorders, pediatric cancers, chronic diseases. These alerts cannot be ignored. “
Scientists have also urged the Constitutional Council to respect “The precautionary principle”in a column published Tuesday July 29. in The world. A concept which has also been established by the Environment Charter, in its article 5. This one provides that “When the realization of damage. although uncertain in the state of scientific knowledge, could affect the environment seriously and irreversibly, the public authorities ensure the implementation of risk assessment procedures and the adoption of provisional and proportionate measures in order to deal with the realization of the damage”. If the Council judges the Duplo law not in accordance with this article. the reintroduction of acetamipride could thus petition, risks environment health … be deemed unconstitutional.
Because part of the opposition deplores a “democratic denial” during the adoption of the text
For its opponents. censorship of the Duplo law would also constitute a form of revenge vis-à-vis the legislative course taken by the text. The bill was. in fact, was quickly adopted in the National Assembly, following a maneuver by its defenders, such as the Republican deputies. They had voted themselves a motion of rejection of their own text. in order to be able to negotiate its content in joint joint committee, without analyzing the text and the amendments of oppositions. A “Divided parliamentary exam”. a “Democratic denial”in the words of Mathilde Panot, president of the group La France rebellious in the Assembly.
Could the wise men invoke this reason to censor DUPLOM law? In the past. they have already judged that the motions of rejection, judged “diverted” From their minds by petition, risks environment health … oppositions, were not their responsibility. According to the constitutionalist Anne-Charlène Bezzina, interviewed by AFP, they therefore have “unlikely to censor the text. On the other hand, they can request wages on certain specific points of the law “.
“The appeal relates to the use of the motion of rejection prior to the Assembly. a procedure already used in the Senate to bypass parliamentary obstruction, and the Constitutional Council has never questioned it, adds the constitutionalist Benjamin Morel in The point. The Council (…) does not judge the political opportunity of votes. He controls the conformity of the procedure, he does not probe the kidneys and hearts that lead to the vote. An opportunity control over the content of the debates would be a major break in doctrine. and I don’t believe it at all. “
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Petition, risks environment health …
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