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Environmental charter officially acknowledged as a means for conserving nature, according to Duplomb's law

Confirmed by the Constitutional Council on August 7th, a decision upholds the relevance of a constitutional text from two decades ago, whose environmental provisions are increasingly influencing government policies.

Duplomb's Law: The Environmental Charter Recognized as a Tool for Nature Preservation
Duplomb's Law: The Environmental Charter Recognized as a Tool for Nature Preservation

Environmental charter officially acknowledged as a means for conserving nature, according to Duplomb's law

Historic Decision Strikes Down Controversial Neonicotinoid Pesticide Law

In a significant move for environmental protection, the Constitutional Council has struck down the most controversial article of the Duplomb Law, which sought to reauthorize neonicotinoid pesticides like acetamiprid. The decision, made on the 20th anniversary of France’s Environmental Charter, upholds the Charter’s guarantee of the right to a healthy environment and the precautionary principle.

The Duplomb Law, which aimed to expand industrial agriculture by relaxing pesticide restrictions and easing administrative processes for large agricultural water reservoirs, has been the subject of significant controversy. The Council also expressed concerns over provisions weakening water conservation oversight.

Arnaud Gossement, an environmental law specialist and the main author of the appeals filed with the "wise men", has expressed satisfaction over the Constitutional Council's decision. In a statement, he emphasized the importance of the decision for environmental protection.

The ruling reflects a strong judicial commitment to environmental protection in France, despite lobbying by farming unions and government sectors advocating for the pesticide's limited reintroduction to remain competitive within the EU. It follows a massive public petition with over 2 million signatures, showing broad societal support for safeguarding environmental standards and opposing the reinstatement of harmful neonicotinoids.

This decision marks a significant step in the regulation of neonicotinoids in France and reasserts the primacy of the Environmental Charter as a constitutional safeguard against environmental risks posed by pesticides. It legally prevents a rollback of critical ecological protections in French agriculture, marking a watershed moment on its 20th anniversary.

Moreover, the decision has the potential to influence future legislation on neonicotinoids in France. By censoring Article 2 of the law, the Council reinforced the Charter’s authority, affirming that environmental health cannot be compromised by agricultural exemptions without strict limits and scientific justification. The ruling also highlights the risks to biodiversity, water, soil quality, and human health posed by allowing conditional use of these pesticides, making the law unconstitutional.

In conclusion, the Constitutional Council's decision is being hailed as historic. It reaffirms France's commitment to environmental protection and sets a precedent for future legislation, ensuring that the right to a healthy environment is upheld in the face of industry pressures.

  1. This historic decision by the Constitutional Council, on the 20th anniversary of France’s Environmental Charter, not only rejects the controversial provisions of the Duplomb Law regarding neonicotinoid pesticides but also emphasizes the importance of science in preserving health-and-wellness and the environment.
  2. By censoring Article 2 of the Duplomb Law, the Constitutional Council reinforces the authority of the Environmental Charter, stating that any usage of harmful neonicotinoids in agricultural practices must be scientifically justifiable to ensure health-and-wellness, ecological balance, and the protection of our shared environment.

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