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Association France Nature Environnement and others [Authorizathion for the installation of advertising canvas and other advertising devices]

Country/Territory
France
Type of court
National - higher court
Date
Nov 23, 2012
Source
UNEP, InforMEA
Court name
Conseil constitutionnel
Seat of court
Paris
Judge
Jean-Louis DEBRÉ, Jacques BARROT, Claire BAZY MALAURIE, Guy CANIVET, Michel CHARASSE, Renaud DENOIX de SAINT MARC, Jacqueline de GUILLENCHMIDT and M. Hubert HAENEL
Reference number
2012-282 QPC
Language
French
Subject
Legal questions, Environment gen.
Keyword
Public participation Management/conservation
Abstract

The Court is asked to review the constitutionality of articles L. 120-1, L.581-9, L.581-14-2 et L.581-18 of the Environmental Code. Article L.120-1 defined conditions and limits of the application of the public participation principle for State and public entities’ regulatory decisions. According to article L.581-9, authorization for advertising canvas places can be granted case by case by a municipal order, after advice of the departmental commission for nature, landscape, sites, advertising structures linked with temporary manifestations.

The claimants argued that there were a violation of the right to an healthy environment and the obligation to prevent harm to the environment (articles 1 and 3 of the Charter for the Environment), the principle of public participation (article 7 of the Charter for the Environment), the freedom of enterprise, the freedom of expression.

The Conseil constitutional rejected most of the arguments. However, it stated that article L.120-1 provided the application of the principle of public participation only for State and public entities’ regulatory decisions. The legislator did not set any provisions for non regulatory decisions that may have an impact on the environment. Therefore, it ruled that article L.120-1 of the Environmental Code is unconstitutional. 

Full text
cc2012282qpc.pdf