Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Commune de Beausoleil contre l'État de Monaco

Country/Territory
Monaco
Type of court
National - higher court
Date
May 29, 2013
Source
UNEP, InforMEA
Court name
Tribunal Supreme
Seat of court
Monaco
Judge
N/A
Language
French
Subject
Land & soil, Legal questions
Keyword
Constitutional law Land-use planning Sovereignty
Abstract

In this case, the plaintiff is a French village neighbouring the city-state of Monaco. The plaintiff challenged an ordonnance from the State of Monaco changing the urban plan in order to allow the construction of a building located at the border between Monaco and the territory of the plaintiff.

The plaintiff challenged the ordonnance in front of the Supreme Tribunal of Monaco on the basis that the ordonnance was not in line with international environmental law as it allowed the construction of a new building without prior environmental impact assessment (EIA). The plaintiff also points out that he was not consulted and that the construction will have a negative environmental impact not only within Monegasque territory but also on its side of the border. The Tribunal, while recognizing that Monaco is bound by international law and general principle of international law to produce an EIA before taking any actions that could have an impact on the environment, did not cancel the ordonnance. Indeed, the Tribunal considered that the general principle of international law on EIA as defined by the ICJ in the paper mills case was not applicable to urban planning decision. Also from a procedural point of view, the Tribunal held that under Monegasque constitutional law, foreigners are not entitled to challenge regulatory acts. Therefore, the Tribunal dismissed the appeal.

Full text
Commune de Beausoleil c État de Monaco.pdf
d89ade51bebe8426c1257de4002f4b46!OpenDocument&