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Law prohibiting the cultivation of varieties of genetically modified maize

Country/Territory
France
Type of court
National - higher court
Date
May 28, 2014
Source
UNEP, InforMEA
Court name
Constitutional Council
Seat of court
Paris
Reference number
2014-694 DC
Language
French
Subject
Environment gen.
Keyword
Constitutional law Precautionary principle GMO
Abstract

The Constitutional Council was seized of an application relating to the Law prohibiting the cultivation of varieties of genetically modified maize by 60 Senators and Members of the National Assembly.

The applicants notably asserted that the definitive and general prohibition imposed by the contested legislative provisions violated the precautionary principle enshrined in Article 5 of the Charter for the Environment.

The Constitutional Council didn’t follow the applicants’ argument and ruled that the Law prohibiting the cultivation of varieties of genetically modified maize was constitutional.

It considered that the contested provisions had the objective of prohibiting the cultivation of varieties of genetically modified maize without any temporal limit and that, accordingly, the objection alleging that the permanent prohibition of the cultivation of these varieties of maize violates the precautionary principle was misconstrued.

Full text
conseil-constitutionnel-2014-694 DC.pdf