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Bourg, Dominique --- "The French Constitutional Charter for the environment: an effective instrument?" [2006] ELECD 489; in Tremmel, Chet Joerg (ed), "Handbook of Intergenerational Justice" (Edward Elgar Publishing, 2006)

Book Title: Handbook of Intergenerational Justice

Editor(s): Tremmel, Chet Joerg

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845429003

Section: Chapter 12

Section Title: The French Constitutional Charter for the environment: an effective instrument?

Author(s): Bourg, Dominique

Extract:

12 The French Constitutional Charter for
the environment: an effective instrument?
Dominique Bourg



Introduction
France is in no way the first country to have introduced the environment or
sustainable development into its Constitution. Article 37 of the Charter of
Fundamental Rights of the European Union, proclaimed in Nice in
December 2000 and which could have gained (or may still gain) constitu-
tional status with the adoption of the Treaty. Establishing a Constitution
for Europe provides for `a high level of environmental protection [to be]
ensured in accordance with the principle of sustainable development.'
People's right to the environment is also recognized within the framework
of the Council of Europe. Article 20a of the German Constitution men-
tions the state's responsibility toward future generations. Article 41 of the
Argentine Constitution proclaims the `right to a healthy, balanced envir-
onment fit for human development'. Brazil's Constitution provides a
detailed list of the government's duties in order to ensure the effectiveness
to the `right to an ecologically balanced environment' (Art. 225). The
Constitutions of Spain (Art. 45 and 53), Ecuador (Art. 19) and Greece
(Art. 24) also aim to guarantee environmental protection. Article 66 of the
Portuguese Constitution asserts the right to a `healthy and ecologically bal-
anced' environment, while the Dutch Constitution (Art. 21) only mentions
the authorities' concern to `protect and improve the environment'. On the
other hand, the Swedish Constitution mentions promoting `a good living
environment'. Last, with no claim to exhaustivity, I might also mention ...