The Court’s decision has important implications for the French Constitution and the interplay between economic growth and the environment. By Paul A. Davies, Fabrice Fages, and Michael D. Green 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 … Continue Reading
The legislation includes six key measures to cut greenhouse gas emissions and to reach carbon neutrality by 2050. By Paul A. Davies and Michael D. Green The French Parliament has adopted a new climate energy package to tackle the effects of climate change and boost France’s energy transition endeavors to reach carbon neutrality by 2050. … Continue Reading
Waste producers must comply with new criteria and procedures for objects and products to benefit from end of waste status. By Paul Davies The French government has developed many measures to foster circular economy approaches. Most recently, a Ministerial Order of 11 December 2018 (Order) sets out criteria and procedures to end the waste status … Continue Reading
Four NGOs launch innovative action claiming state has not met COP21 objectives. By Paul A. Davies and Michael D. Green On 17 December 2018, four NGOs filed legal action against the French state. In the legal action, the NGOs argued that the state has not met the short-term climate change objectives set at COP21. The … Continue Reading
Lawmakers will debate an amendment to include the country’s environmental commitments in Article 1 of France’s Constitution. By Fabrice Fages MPs in France have adopted an amendment to include a new paragraph in Article 1 of the French Constitution. The amendment reads: “France acts towards the preservation of the environment and biological diversity, and against … Continue Reading
A recent Environmental Code amendment aims to invigorate sluggish legal processes delaying environmental project development. By Paul A. Davies and Fabrice Fages Third parties and local NGOs often bring legal action against environmental permits in France, hampering the development of environmental projects in the country. An example of a practical consequence is that the development … Continue Reading
After neglecting to heed an initial warning, six Member States may face financial penalties if they do not reduce pollution levels. By Paul A. Davies, Michael D. Green, and Alexander Wilhelm The European Commission (EC) has referred the UK, France, Germany, Hungary, Italy, and Romania to the European Court of Justice (ECJ) for failing to … Continue Reading
Intense lobbying surrounds a recent proposal to amend Article 34 of the Constitution. By Paul Davies and Fabrice Fages French Prime Minister Édouard Philippe recently unveiled a series of proposed modifications to the French Constitution that align with President Emmanuel Macron’s campaign platform. The proposals, which were unveiled on April 4, face objections from a … Continue Reading
The multi-pronged plan will encourage a collaborative national effort to dispose of France’s “consume and discard” model. By Paul A. Davies The French Prime Minister recently unveiled the country’s circular economy roadmap. The 50-item scheme, announced on 23 April 2018, is the result of consultation with stakeholders (November 2017 —January 2018) and a two-stage online … Continue Reading
Government must prepare all sectorial bills in accordance with new simplification requirements by the second quarter of 2018. By Paul Davies and Michael Green* The French Prime Minister has further emphasised the importance of France’s new regulation simplification policy in an Administrative Circular Letter of January 12, 2018. Citing the fact that the administrative burden … Continue Reading
France announces voluntary adoption of a new law amending the Mining Code to meet Paris Agreement commitments. By Paul Davies and Michael Green* Background After lengthy legislative debates, the amended Mining Code (MC) now provides that, as a matter of principle, the research and exploitation of coal, and of all liquid or gaseous hydrocarbons, shall … Continue Reading
By Paul Davies and Michael Green In August 2015, the French government amended the French Energy Transition Law to include provisions rendering “planned obsolescence” a misdemeanour. In the latest wording of the provisions, article L.441-2 of the Consumer Protection Code (Code de la consommation) defines planned obsolescence as “… resorting to techniques whereby the entity … Continue Reading
By Paul Davies and Michael Green France adopted an ambitious energy transition package in August 2015 that sets out various targets designed to achieve the gradual de-carbonisation and increased sustainability of its economy. The package includes consumption reduction targets, energy production cuts and provisions for a long-term programming scheme for public authorities to manage the … Continue Reading
