Association Meuse nature environnement et al. – Priority question of constitutionality

Reference :

2023-1066 QPC

Complaint date :

August 3, 2023

Status :

Final judgment

Place of jurisdiction :

France, La Chappelle Sur Erdre

Plaintiffs types :

Environmental NGOs

Plaintiffs names :

Association Meuse nature environnement et al

Defendants :

National Agency for Radioactive Waste Management

Lawyers for Health and Environmental Justice :

SCP Zribi et Texier (Me Stéphane-Laurent Texier)

Case nature :

Constitutional

Type(s), Product(s), Active substance(s) :

Other

Requests :

To declare article L.542-10-1 of the Environmental Code unconstitutional in that it does not guarantee the reversibility for future generations of decisions to dispose of radioactive waste underground.

Name of the Court :

Constitutional Council of La Chappelle Sur Erdre , France

Jurisdiction level :

No description

Decision date :

October 27, 2023

Decision nature :

Negative

Decision content :

The French Constitutional Council confirms the constitutionality of article L.542-10-1 of the Environmental Code, which sets out the conditions for underground storage of radioactive waste.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

On October 27, 2023, the French Constitutional Council ruled on the constitutionality of Article L.542-10-1 of the Environmental Code, which sets out the conditions for the creation of "reversible storage" facilities for radioactive waste.

While the decision does not deal with pesticide-related issues, the Constitutional Council's enshrinement of a constitutional obligation for the legislator to "ensure that the choices made to meet the needs of the present do not compromise the ability of future generations and other peoples to meet their own needs, while preserving their freedom of choice in this respect" may be useful in future litigation.

The dispute has its origins in the Cigéo project, which, in accordance with article L.542-10-1 of the French Environment Code, aims to bury 85,000 m3 of radioactive waste at Bure in the Meuse region by 2035-2040.
Several environmental associations challenged this decision before the administrative courts. They asked the Conseil d'Etat to submit a question prioritaire de constitutionnalité (QPC) challenging the constitutionality of article L.542-10-1 of the French Environment Code. According to the petitioning associations, this article does not guarantee the reversibility of radioactive waste disposal, and therefore "prevents future generations from reconsidering this choice when the irremediable damage to the environment [...] could compromise their ability to satisfy their needs".

The Conseil Constitutionnel declared the contested provisions to be in conformity with the Constitution, and in particular with the rights of future generations under article 1 of the Charter of the Environment, insofar as the necessary guarantees for the reversibility of the repository would be provided.

Scientific references :

No scientifice reference for this case.