00:001. Done. The municipality of Amboise authorizes the installation of a telephone relay tower. The neighborhood association
00:05Léo de Choiseul contests this authorization, particularly with regard to the precautionary principle.
00:102. Procedure. The Orléans Administrative Court rejected the association's application. The association appealed to the Court of Cassation.
00:17the Council of State.
00:183. Legal issue. The precautionary principle enshrined in Article 5 of the Charter of the Environment may
00:24-it can be directly invoked against an administrative decision, even when no law or regulation specifies the procedures for doing so
00:30'application ?
00:314. Solution. Yes, the Council of State rules that Article 5 of the Charter of the Environment does not call for
00:36there are no legislative or regulatory provisions to specify these implementation methods.
00:41It therefore directly imposes itself on the public authorities and administrative bodies. Within their respective areas of competence, the Council of
00:49'The State therefore cancels the judgment of the administrative court for error of law.
00:53But, after settling the matter on its merits, he ultimately rejected the association's request.
00:585. Scope. This is a very important ruling for your topic. It shows that a constitutional norm can be directly
01:04applicable when it is sufficiently precise and does not require any implementation measures.
01:07The Council of State had previously recognized the constitutional value of the Charter of the Environment, notably in CE, AS.
01:14October 3, 2008, Annecy Municipality.
01:165. Scope.
01:177. Scope.
01:1810. Scope.
