The judges noted that the pesticide police have the power – “limited to state authorities” – to limit the use of pesticides, which means mayors do not have the right to make rules. or to ban the general use of pesticides in their municipalities.
The judgment, made public on December 31, 2020, came in response to an appeal from the authorities of the municipality of Arceuil, near Paris, against the suspension of a law of September 2019 authorizing more local authorities against pesticides.
Communes united against power
Many other municipalities have tried to introduce local laws on the use of pesticides. In 2019, the mayor of Langouët, in Brittany, banned the use of pesticides “within 150 meters of any plot of land containing a building for residential or professional use”.
The law was quickly overturned by the state, the judge noting: “The Ministry of Agriculture is in charge of the administrative police of pesticides. The mayor of a municipality cannot, under any circumstances, get involved in the work of this special police via local regulations.
Dozens of other municipalities have since tried to implement similar laws, with the support of NGOs and environmental politicians.
Disappointed NGOs and mayors
Mayors and NGO leaders have expressed disappointment at the new decision.
Florence Pressure, deputy mayor of Sceaux, near Paris, and member of the Mayors against pesticides collective (Collective of anti-pesticide mayors) told a news source The Dauphine: “This is a very negative decision, but will not give up. We have not yet done all we can to stop it. ”
The municipalities of the collective and 40 others who are concerned have since initiated proceedings to ask if the decision is constitutional. Many proceedings cite the right to health as the main reason.
The collective also intends to bring the case before the European Commission, in the hope of taking action against France for “lack of protection of the inhabitants”.
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