Dince 2017, the Council of State has regularly condemned the French State for not respecting air pollution thresholds in its urban areas. If progress has been noted in recent years regarding air quality, the fact remains that the State owes several million euros to a group of environmental defense associations which have undertaken legal procedures.
France was condemned in October 2019 by the Court of Justice of the European Union (CJEU) for non-compliance with the 2008 air quality directive. In fact, France has “systematically and persistently exceeded the annual limit value for nitrogen dioxide (NO2) » and this since 2010.
After this conviction by the CJEU, then that of April 2022, again by this court, it was a formal notice before financial sanctions that France received on February 7, again for exceeding the limit values of NO2. France is therefore responsible for its inability to honor its obligations arising from the directive.
To date, the measures taken by the State do not guarantee that air quality improves such that the pollution thresholds are respected in the shortest possible time.
Associations today, citizens tomorrow
To achieve these objectives and respect our commitments, a certain number of measures have been taken by the public authorities, but these decisions are regularly contested by certain local authorities to the detriment of the health of the population and leading to heavy financial penalties borne by the public. ‘instantly by everyone’s taxes.
We can also note in this subject, the confirmation of a questioning of the authority of the State, executive and legislative, already started by the refusal of some communities to respect the “zero net artificialization” (ZAN) to preserve land. Without respect for the rules of the game there can be no democratic construction of living together.
What are, for example, the consequences for communities that take responsibility for postponing the establishment of low-emission zones (ZFE) and risk persevering both in paying fines imposed on the State and harming the health of their inhabitants? If for the moment it is mainly the associations which take the case to the national courts, it is a safe bet that tomorrow citizens victims of air pollution will not hesitate to take legal action, accusing local authorities of their negligence in this matter.
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