Why the decision of the Constitutional Council constitutes a consecration for the Environment Charter

A new youth for the twenty years of the Environment Charter. Meanwhile, This text, recognizing the fundamental rights and duties relating to environmental protection, was promulgated in March 2005. Nevertheless, But it remained little used by the judges for a long time … Therefore, until Thursday. Therefore, August 7, when the Constitutional Council relied on article 1 of the Charter to motivate its decision to censor article 2 of the DUPLomb law, which provided for reintroduction under the conditions of acetamipride, a pesticide of the family neonicotinoids. A decision “historical”according to some experts. Moreover, Franceinfo explains why.

It confirms the constitutional value of the environment charter

The French Constitution of October 4. However, 1958 is not the only text at the top of the pyramid of standards. For example, why decision constitutional council constitutes There is in reality a “block of constitutionality” which brings together all the reference standards with an importance equal. to the Constitution. Among them. we find in particular the Declaration of the Rights of Man and the Citizen of 1789, the preamble to the Constitution of 1946 … and the Environment Charter, which was integrated into this block on March 1, 2005 thanks to a constitutional revision.

“We already knew that it had the same constitutional value. But it was rarely used by judges. There are few decisions in which a law. a decree was canceled due to the environment charter”, explains Arnaud Gossement, lawyer specializing in environmental law. Accordingly, “Some wondered about the concrete scope of this charter …”he completes. The decision of the Constitutional Council of August 7 to extinguish these questions. “This strengthens the authority and the scope of the Charter”assures the lawyer.

She devotes article why decision constitutional council constitutes 1 “independently”

The censorship of the Constitutional Council, based on the Environment Charter, is singular, believes Arnaud Gossement. For what ? “Because this is the first time that the judges have decided to censorship only based on article 1 of. this charter”explains the expert. This article provides that “Everyone has the right to live in a balanced and healthy environment”. “It is a historical decision and the consecration of this right independently”consider this specialist.

In their decision. the judges of the Constitutional Council have, in fact, recognized that the legislator had “Deprived of legal guarantees the right to live in a balanced and healthy environment guaranteed by article 1 of the Environment Charter”in “allowing to derogate in such conditions from the prohibition of phytopharmaceutical products containing neonicotinoids “.

He is “Very rare” That constitutional judges rely on the Environment Charter, confirms Bertrand-Léo Combrade, specialist in constitutional law. “We have around why decision constitutional council constitutes sixty decisions related to the Environment Charter, while it dates from 2005. It’s little”adds his colleague Thibaud Mulier. This was notably the case for a decision concerning the agricultural orientation law rendered on March 20, 2025.

“It’s really not comparable”clarifies Arnaud Kid. “It was a ‘small censorship’ and the Constitutional Council had also based on article 3 of the Charter”he assures. “Until now, he needed to combine several provisions. There, he applies article 1 independently”. Moreover, “The notoriety of the censored measure makes the notoriety of the decision of the Constitutional Council. The scope is not the same”he concludes.

It is part of a judicial context favorable to environmental law

The doors of the Constitutional Council are not entirely hermetic to the upheavals of society. climate change. “This decision comes in a context of the emergence of everyone’s right to live in a healthy. balanced environment”develops Arnaud Gossement.

Especially why decision constitutional council constitutes since the International Court of Justice rendered an advisory opinion going in the same direction, on July 23. States have “Strict obligations to protect the climate system”argue the judges of the highest jurisdiction of the United Nations. and those who violate their climatic obligations commit an act “illicit”. A decision that exceeded the expectations of climate defenders. Legislators, lawyers and judges around the world can now seize it to change laws or attack states for their inaction.

Other contentious procedures could thus be initiated on the basis of this opinion of the International Court of Justice and. in France, on the Environment Charter, with the now reinforced status. Some are also in progress. Associations for the defense of the environment. disaster victims announced, at the end of June, having filed an appeal before the Council of State to oblige the government to strengthen its policy in matters of adaptation to why decision constitutional council constitutes climate change. This legal appeal is based on “The general obligation to adapt to the charge of the State. deduced from constitutional texts, in particular the environment charter”ensure the NGOs Greenpeace, our business to all and Oxfam.