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French courts’ procedures were not fair to NGOs

admin by admin
November 29, 2022
in Case of the Day
French courts’ procedures were not fair to NGOs
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France violated rights of environmental protection associations protesting against the radioactive waste storage centre.

Nonprofits, including Burestop 55, Mirabel LNE, and Asodedra were opposed to the planned industrial geological storage centre known as Cigéo, designed for the storage of high-level and long-life radioactive waste. Cigéo was to be established on the Bure site in the municipal territories of Bure, Ribeaucourt, Mandres-en Barrois and Bonnet.

Relying on the ECHR Articles 6 and 10, associations complained of violations of the right to a tribunal and the freedom of expression. The applicant associations complained that the domestic courts had dismissed their claims without offering any valid reasoning, using ineffective legal arguments, and failing to determine their claims’ merits or to conduct the requisite verifications for applicants.

In the judgment of 1 July 2021, the Court declared a violation of Article 6 of the Convention in respect of the association Mirabel. It also noted there had been no violation of the free speech of the other associations. The Court ruled that France was to pay the applicant association Mirabel €3,000 for the non-pecuniary damage and €2,713 for their expenses. The case is called Association Burestop 55 and Others v. France, 56176/18, 56189/18, 56232/18, 56236/18, 56241/18, 56247/18.

Tags: European Court of Human RightsFranceViolation
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