Paper's abstract

Sylvie Caudal, Impacts of the Constitutionalization of the Precautionary Principle in Urban Planning Law
The greening of urban planning law began when environmental law arose and has since developed significantly. Nevertheless, since it is a principle as innovative as the precautionary principle, its impact has been very slow to emerge, and therefore it could be expected that the Environmental Charter would give it a decisive impetus. However, more than fifteen years after the entry into force of this text, it is clear that its influence remains on the edge of urban planning law. Written law, first of all, has remained singularly impervious to this principle, whether in the form of an official consecration or through rules and enforcement mechanisms. Secondly, in terms of administrative jurisprudence, although the new Charter has led to a spectacular reversal of case law, the French Conseil d’État has set such conditions for its application that the principle still remains wishful thinking.

Key Words : urbanism - relay antenna
t. 62, 2020 : p. 323-340

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