Published October 2015 | Version v1
Journal article

The storage of radioactive wastes in the 'Macron law'. A legislative rider uncovered by the Constitutional Council

  • 1. Universite de Haute-Alsace, Centre europeen de recherche sur le risque, le droit des accidents collectifs et des catastrophes - CERDACC (France)

Description

As the French constitutional council censored several articles of the so-called 'Macron law', this article more particularly addresses one of these censored article, article 201 which addressed the notion of reversibility of radioactive waste storage, and the commissioning conditions of the industrial centre of geological storage (Cigeo). This article has been censored for procedure-related reasons, but also put some aspects of environmental law and nuclear law into question. The author comments these aspects which concern the duties of the French agency for nuclear safety (ASN) and the conditions under which the pilot phase of the project of waste landfill is performed, but also an opposition to the Environment Charter. In a second part, the author comments how the constitutional judge addressed these issues, and more particularly how these arrangements about the storage of radioactive wastes has been considered as a so-called 'legislative rider' and finally censored

Additional details

Additional titles

Original title (French)
Le stockage des dechets radioactifs dans la 'loi Macron'. Un cavalier legislatif debusque par le Conseil constitutionnel

Publishing Information

Journal Title
Droit de l'Environnement
Journal Issue
no.238
Journal Page Range
p. 340-344
ISSN
1145-2455

Optional Information

Notes
21 refs.