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 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.