La Semaine Juridique : Environmental protection tested by the stability of contractual relations
3 questions to Maxime de Guillenchmidt and Matthieu Ragot, partners, on the QPC of February 11, 2022, published in La Semaine juridique – Entreprises &affaires on April 14, 2022.
Key points:
- In its decision no. 2019-823 QPC of January 31, 2020, the Constitutional Council invoked for the first time the objective of constitutional value of environmental protection to justify serious attacks on freedom of enterprise.
- In the decision of February 11, 2022, article L. 541-30-2 of the Environmental Code was declared contrary to the Constitution.
- Protection of the environment – however legitimate and necessary it may be – does not justify all attacks on individual freedoms.
- The Constitutional Council continues to ensure, on a case-by-case basis, the balance between the various issues involved, at the risk, however, of seeing the development, according to these pendulum movements, of case law that is difficult to predict.
