Fruit of the work of 150 French members of the Citizen's Convention for the Climate (CCC), the climate law was adopted at first reading by the National Assembly last May, before being adopted in June by the Senate with a text largely rewritten.
This law, associated with other texts and the recovery plan, was to enable France to fulfill its commitments and "tend towards the objective of -40%" of greenhouse gas emissions by 2,030 compared to 1990, assured the Ministry of Ecological Transition.
But more than sixty deputies - PCF, LFI, PS - had seized the Constitutional Council at the end of July concerning the climate resilience law.
"We believe that this law deprives of legal guarantees the right to live in a balanced environment and respectful of health enshrined in Article 1 of the Environmental Charter," said La France insoumise in a press release.
The Constitutional Council therefore dismissed their appeal on Friday, considering that "the applicants only develop a general criticism (...) of the insufficiency of the law taken as a whole and therefore do not criticize, in order to ask for censorship, any provision particular ”.
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"The appeal challenged the law taken as a whole", judging that it was part of "the spiral of inaction which led to non-compliance with France's trajectory in terms of reducing greenhouse gases" and does not guarantee "the right to live in a balanced environment which respects health, enshrined in Article 1 of the Environmental Charter", the Constitutional Council recalls in a press release.
There is now the possibility of challenging different articles of the law through the procedure of the priority question of constitutionality.
"Insufficient" efforts for the climate
In Germany, the Constitutional Court last April censored part of the government's climate law, deeming it too unambitious.
The judges ruled that the legislation was "not in line with the fundamental rights" of the younger generations, forcing Berlin to raise its targets for reducing greenhouse gas emissions, to -65% by 2,030 compared to 1990.
In France, the Council of State ordered the government in early July to do more to meet its greenhouse gas reduction commitments.
Seized by the municipality of Grande-Synthe and several associations, he gave him until March 31 to review his copy.
The High Council for the Climate (HCC), an independent body responsible for evaluating France's climate policy, also considers the efforts made by Paris "insufficient".
Not to mention that the European Commission now wants to reduce EU emissions by 55% by 2030, which will lead to an increase in France's commitments.
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Greenpeace France had submitted an “external contribution” to the Constitutional Council (informal legal note) also requesting “the global censorship of the climate and resilience law, in particular because of its lack of effectiveness with regard to the objectives of reducing gas emissions. greenhouse effect and therefore in the face of climate change ”.