The Court’s decision has important implications for the French Constitution and the interplay between economic growth and the environment.
On 31 January 2020, the French Constitutional Court (Conseil Constitutionnel) took a decision that aimed to balance the protection of the environment and human health with the freedom of enterprise, both of which are protected under the French Constitution. (Decision n° 2019-823 QPC)
The matter was brought before the Court through an application for a priority preliminary ruling on the issue of constitutionality (question prioritaire de constitutionnalité). This procedure was introduced in 2008, and confers the right for any person involved in legal proceedings before a court to argue that a statutory provision invoked in the context of litigation infringes rights and freedoms guaranteed by the Constitution.