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Departmental Federation of Trade Unions of Agricultural Operators from Finistère [Delineation of protection zones for feeder areas for drinking water intakes and the principle of public participation]

Country/Territory
France
Type of court
National - higher court
Date
Jul 27, 2012
Source
UNEP, InforMEA
Court name
Conseil constitutionnel
Seat of court
Paris
Judge
Jean-Louis DEBRÉ, Président, Jacques BARROT, Claire BAZY MALAURIE, Guy CANIVET, Michel CHARASSE, Renaud DENOIX DE SAINT MARC, Hubert HAENEL and Pierre STEINMETZ
Reference number
2012-270 QPC
Language
French
Keyword
Public participation
Abstract

The Conseil Constitutionnel is asked to review the constitutionality of subparagraph 5 of paragraph II of Article L. 211-3 of the Environmental Code as in force following the enactment of Law no. 2006-1772 of 30 December 2006 on water and aquatic environments with the rights and freedoms guaranteed by the Constitution. Pursuant to subparagraph 5 of paragraph II of Article L. 211-3 of the Environmental Code, decrees may be issued determining in particular the conditions under which the administrative authorities may delimit the zones where it is necessary to ensure quantitative and qualitative protection for the feeder areas for drinking water intakes of particular importance for current or future supply, as well as the zones in which the widespread erosion of agricultural land is of such a nature as to compromise the achievement of the good status objective.

According to the applicant federation, in not specifying the conditions under which the public may exercise its right to participate in the delimitation of protection zones for feeder areas for drinking water intakes and the establishment of action plans to this effect within these, the contested provisions violate the principle of public participation guaranteed by Article 7 of the Environmental Charter.  It also argued that in making no provision for compensation to the owners and operators of land included within those zones and imposing restrictions on its usage, they also infringe the principle of equality before the law and in contribution to public expenditure, as well as the right of ownership.

The contested provisions nor any other legislative provision carry out the implementation of the principle of public participation in the adoption of the public decisions concerned. As a result, in adopting the contested provisions without making provision for public participation, Parliament acted in excess of its powers. Consequently, subparagraph 5 of paragraph II of Article L. 211-3 of the Environmental Code must be ruled unconstitutional.

Full text
cc2012270qpc.pdf