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POSTS BY Nathan de Arriba-Sellier
20 January 2022

What is Low isn’t Free

Emmanuel Macron’s proposition to raise university tuition fees in France was met with much criticism, including that it would be unconstitutional. Yet, French case law is not very clear on this point. A recent decision of the highest administrative court, the Conseil d’Etat, opens a path for the government to dramatically increase tuition fees. That decision effectively amounted to overturning a landmark preliminary ruling of the French constitutional court, the Conseil Constitutionnel. Continue reading >>
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04 July 2021

The Grande Synthe Saga Continues

France’s highest administrative court ruled that the French government had failed to take sufficient action to mitigate climate change and ordered it to take additional measures to redress that failure. The Grande Synthe II decision of 1 July 2021 follows the findings by the Conseil d’État in a previous decision that France’s greenhouse gas emissions reduction targets constitute legal obligations that are enforceable against the state. However, how, and when to redress France’s failure have been, to a broad extent, left to the discretion of the government. This all but ensures the Grande Synthe saga to continue. Continue reading >>
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25 November 2020

Another Urgenda in the making

Last week in Commune de Grande Synthe I, the Conseil d’Etat delivered a powerful ruling on France’s obligation to reduce greenhouse gas emissions. It sets a precedent for climate litigation in France and could inspire other courts across Europe, including the European Court of Justice (ECJ), to pursue the way opened by Urgenda and accept more climate-related challenges. Continue reading >>
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