Générations futures et al v. art. L.235-8 du code rural et de la pêche maritime

2021-891 QPC
January 4, 2021
Final judgment
France, Paris

Health/Food groups, Consumer Protection Organizations, Environmental NGOs, Medical doctors, Unions
Générations Futures, UFC-Que choisir, Collectif de Soutien aux victimes des pesticides de l’Ouest, France Nature Environnement (FNE), Solidaires, Eau et Rivières de Bretagne, Alerte des Médecins sur les Pesticides (AMLP), Vigilance OGM Charentes
Ministère de l'Alimentation, de l'Agriculture et de la Pêche
François Lafforgue

Constitutional
Direct action of unconstitutionality
All
The petitioners request that Article III of Article L. 253-8 of the Rural and Maritime Fishing Code be declared unconstitutional.
Constitutional Court of Paris, France
Court

March 19, 2021
Positive
The words "after consultation with the persons, or their representatives, living in the vicinity of areas likely to be treated with a plant protection product" appearing in the last sentence of the first paragraph of Article L. 253-8 of the Rural and Maritime Fishing Code, in its wording resulting from Act No. 2018-938 of 30 October 2018, are contrary to the Constitution.
National law

9 NGOs challenge the ministerial instruction of 3 February 2020, the press release "Safety distance for plant protection treatments near homes" published on 30 March 2020 and the note "Elements of implementation", in its 4th version of 30 March 2020. They consider that the texts are not respected and that they do not adequately protect the health of local populations during this exceptional period of containment. On 11/10/2020, the NGOs ask the Council of State to refer to the Constitutional Council the question of the conformity of the provisions of Art. L.235-8 of the rural and maritime fishing code, in support of their request to cancel the ministerial instruction (439127). On 1/4/2021, the Council of State decides to refer the matter to the Constitutional Council and to postpone ruling on the request until the Constitutional Council has ruled. Ignorance of Article 7 of the Charter of the Environment is indeed serious. On 3/19/2021, the Constitutional Council decides that paragraph III of article L. 253-8 of the Rural and Maritime Fishing Code is contrary to the Constitution.