Overview
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ABSTRACT
The public enquiry, initially a simple means of informing a population, has gradually taken into account the observations of the public in order to cause projects to evolve in the public interest. Over the years, this practice has become more refined, jurisprudence has clarified certain interpretations, and the number of fields requiring enquiries has increased. Within the legal framework of the Grenelle de l’Environnement, the legislator has planned to group the various public enquiries and coordinate their procedure, simplify and harmonize their rules, and authorize a single procedure or a joint one in the event of the existence of several project owners or distinct regulatory texts. This reform, which is already well under way, will simplify this instrument and so allow better participation of the public.
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Read the articleAUTHOR
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Gérard GIRIN: Member of the Rhône department's list of qualified investigators or members of commissions of inquiry since 2004 - Retired Apave Sudeurope environmental engineer
INTRODUCTION
The first texts referring to the need for public consultation (notably to safeguard citizens' property rights) date back to decrees issued during the French Revolution (1790-1791). However, it was a decree issued by Napoleon in 1805 that created the commodo and incommodo surveys for protection against nuisances. At the time, it was more a question of informing the population of a government decision than of gathering public opinion in order to influence the project.
Since Law no. 2010-788 on the national commitment to the environment (ENE) of July 12, 2010, a large number of inquiries classified as "commodo et incommodo" have been incorporated into the procedures for inquiries governed by the environmental or expropriation codes. Those that remain are few in number, and are also referred to as "common law" or ordinary investigations (see paragraph 1.1.3 below).
Subsequently, a number of texts were issued in specific areas, such as those relating to roads and expropriation.
We should also mention the Conseil d'Etat ruling of May 28, 1971, which refers to the theory of the balance sheet and puts a brake on the administration's discretionary power.
balance sheet theory is a methodology for analyzing a project, weighing its benefits (such as public utility, public interest, job creation) against its disadvantages in economic terms (closure or relocation of businesses), financial terms (increased cost to the community), social terms (disappearance of small businesses, loss of jobs) and environmental terms (impact on fauna, flora, landscapes, waterways, air, noise, etc.).
Since then, a number of new texts have emerged to take account of citizens' desire to participate in decision-making. These include, in particular
the creation of the ombudsman in 1973;
laws on the protection of nature and classified installations in 1976 ;
the 1978 Data Protection Act ;
the law on the motivation of administrative acts in 1979 ;
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the law of July 12, 1983 on the...
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KEYWORDS
Urban planning | Expropriation | | classified installations | Impact study
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Public inquiries and inquiry commissioner
Public inquiries
Bibliography
Websites
http://www.legifrance.gouv.com
http://www.debatpublic.fr/notions_generales/enquete_publique.html
Regulations
Regulations relating to public inquiries
Codes
Environment Code
Code de l'expropriation pour cause d'utilité publique (French law on expropriation for public use)
Town Planning Code
...
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