Contenu du sommaire

Few public policies for conservation of natural areas can have changed tack as often, and as rapidly, as those for nature reserves. Over some four decades, different legal regimes have followed one another. The first focused on a strengthening and a stronger identity. In 1957, the main aim was to provide scientists with research sites to research the interactions between habitats and species and to complete the framework for scientific sites to provide a basis for adapting relevant legislation. In 1976, the primary goal was the creation of an independent status, to ensure site protection requirements were covered by necessary regulatory measures. The recent reform brought about by Act rf 2002-92 of 23 January 2002 on Corsica and especially Act n° 2002-276 of 27 February 2002 on local democracy do not seem to follow this pattern of evolution and raise questions about the legislatures intention : the issues are obscured and no clear objectives are defined. The Parliamentary debates are silent on the reasons which led to the repeal of voluntary nature reserves, or rather on the impossibility of regulating hunting, fishing or mineral extraction outside « national reserves » created by the State.

The Act on local democracy has revived long-standing and deep-rooted arguments within republican institutions about the relationship between local autonomy and national unity, between representative and direct democracy. The recent Aarhus Convention and the European Directive on the assessment of the effects of certain plans and programmes on the environment have also shaken up the national model by requiring the better application of the principle of public participation. This directly involves the citizen in local decision-making, sometimes in breach of the very concept of local administrative freedom. A close reading of the Act shows that although the overall framework seems to respond better to the international and European légal principles of participation, the coherence of the suite of measures that come under the heading « right to partipate » has a long way to go. The new measures are too dependent on the discretion of local authorities as regards public participation in general environmental matters and, although they are more precise and better enshrined concerning public consultation, this is less relevant because the field of application is too narrow. In sum, the measures are only a small step towards an essential reform of the way in which the citizen is taken into account through a broader devolution process. Mainly driven by the need to adapt to European law, the legislature still needs to develop a truly coherent regime covering ail forms of concertation between local authorities and individuals.

This regular article covers case law on consumer products where this is relevant to environmental protection. It also provides an update on the main Community and national instruments in this area. The first wide-ranging part covers the special protection measures related to products or treatment techniques (additives, ionisation, pesticides) and to products of specific quality, agro-food products (organic farming) and industrial products in the light of the Community's new ecolabelling System. It then addresses biotechnology and genetically modified organisms, wild animal and plant species and product safety in the context of waste disposal. A short second part covers general legal protection in criminal, civil and administrative law. Finally, the article looks at recent developments at the Community level in the field of consumer law as it relates to environment and sustainable development.

A first ruling by the Conseil d'Etat on 3 December 2001 held that Plans for the Prevention of Foreseeable Natural Risks (Plans de prévention des risques naturels prévisibles or PPRNP) are to be classified as planning law instruments. A second ruling by the Conseil d'Etat on 12 June 2002 drew on the earlier ruling in finding that PPRNP establish planning requirements. These rulings raise questions about the nature and scope of the rules laid down in this way.