Duplomb Law Decision Pending: Environmental and Health Concerns Fuel Pressure on the Constitutional Council
The Constitutional Council of France has dealt a significant blow to the Duplomb Law, ruling the key provision allowing the indefinite reintroduction of acetamiprid, a neonicotinoid pesticide banned since 2018, as unconstitutional.
The decision, based on the violation of the constitutional right to live in a balanced and healthy environment, as established by the French Environmental Charter incorporated into the Constitution, marks a significant setback for the law. The court found that the indefinite exemption from the ban compromised legal guarantees intended to protect biodiversity and human health.
The Duplomb Law, which authorizes the use of "mega-basins" and the conditional reintroduction of acetamiprid, has been a contentious issue since its inception. The law aimed to lift constraints on farming by allowing all agricultural sectors unrestricted use of acetamiprid, despite known risks to biodiversity, water and soil quality, and human health.
The Constitutional Council contrasted this with a previous 2020 decision permitting a limited, time-bound exemption only for sugar beets. The new law lacked clear time limits and adequate oversight, leading to the constitutional block.
The ruling also touched on other provisions easing the construction of large agricultural water reservoirs without requiring proof of utility, which environmental groups argue threatens water conservation and ecological oversight.
President Emmanuel Macron has committed to promulgating the law only as amended by the Council’s decision, excluding the blocked pesticide reintroduction clause.
The decision comes amidst growing concerns over the use of pesticides and their impact on human health. A 2021 study by the Inserm concluded that there is a strong presumption of a link between exposure to pesticides and the onset of pathologies. The European Food Safety Authority (EFSA), the health agency that gave a favorable opinion on the use of acetamiprid in the European Union, had estimated that there were "major uncertainties" as to the toxicity of the product on the human brain and had called for "in-depth studies".
The National Order of Doctors has also engaged against the Duplomb law, stating that doubt is not reasonable when it comes to substances that may expose the population to major risks.
The Constitutional Council's decision is anticipated to be made by August 11 (likely by August 7). A petition against the Duplomb Law has surpassed two million signatures on the National Assembly's website, and opponents hope the Council will declare a contradiction with the Charter for the Environment.
Scientists have urged the Constitutional Council to respect the "precautionary principle" in the Duplomb Law, which is established in the Charter for the Environment. The bill for the Duplomb Law was adopted quickly in the National Assembly as a result of a maneuver by its defenders, which some opponents deem a "democratic denial".
Despite the setback, supporters of the Duplomb Law argue that the principle of "non-regression" is inscribed in the Environment Code, but does not have a constitutional value. They also point out that the Constitutional Council does not judge the political opportuneness of votes, but controls the compliance of the procedure.
The Constitutional Council, in the past, has ruled that motions to reject deemed "devious" by the oppositions were not within their jurisdiction. A control of the opportuneness of the debates would be a major break with doctrine, and the Council does not believe it will invoke this motive to censor the Duplomb law.
Acetamiprid, a pesticide banned in France, is qualified as a "bee killer" and is authorized in Europe. The Duplomb Law's principle of "non-regression" may face further scrutiny as opponents argue that it contradicts the Charter for the Environment.
As the Constitutional Council makes its decision, the future of the Duplomb Law remains uncertain. The ruling will have far-reaching implications for environmental protection and agricultural practices in France.
- The Constitutional Council's decision against the Duplomb Law's indefinite reintroduction of acetamiprid, a neonicotinoid pesticide, signifies a significant win for the environmental science, as it upholds the right to live in a balanced and healthy environment.
- The controversy over the Duplomb Law, which authorizes the use of certain pesticides and "mega-basins", has sparked debates in the political science arena, with critics arguing it compromises general news such as water conservation, ecological oversight, and human health-and-wellness.
- The ruling by the Constitutional Council on the Duplomb Law is anticipated to address the issue of acetamiprid, a pesticide known to pose medical-conditions risks, and could set a precedent for the application of the precautionary principle in environmental science.
- With the Duplomb Law under review by the Constitutional Council, climate change and political discussions are intertwined, as the law's proponents argue for the principle of "non-regression", while opponents assert it contradicts the Charter for the Environment, potentially impacting France's stance on science and the environment.
