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Departmental Federation of Trade Unions of Agricultural Operators from Finistère

Country/Territory
France
Type of court
National - higher court
Date
Jul 27, 2012
Source
UNEP, InforMEA
Court name
Constitutional Council
Seat of court
Paris
Reference number
2012-270 QPC
Language
French
Subject
Agricultural & rural development, Legal questions, Water
Keyword
Agricultural development Agriculture and environment Public participation Constitutional law Agricultural commodities Agricultural land
Abstract

The Constitutional Council received from the Conseil d'État an application for a priority preliminary ruling on the issue of constitutionality raised by the Departmental Federation of Trade Unions of Agricultural Operators from Finistère. The applicant challenged the compatibility of a legislative provision dealing with delineation of protection zones for feeder areas for drinking water intakes with the principle of public participation.

The contested legislative provision permitted the regulatory authorities to determine the conditions under which the administrative authorities may delimit the zones where it is necessary to ensure protection for the feeder areas for drinking water intakes of particular importance for supply, as well as erosion zones and to establish an action plan to this effect.

According to the applicant, 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 legislator has violated the principle of public participation guaranteed by Article 7 of the Environmental Charter, which is part of the constitution.

The Constitutional Council ruled that the contested legislative provisions were unconstitutional on the basis that they didn’t carry out the implementation of the principle of public participation in the adoption of the public decisions concerned.

Full text
conseil-constitutionnel- 2012-270 QPC.pdf