The administrative justice rejected the request for an emergency suspension of the government decision canceling the establishment of a technical control of two-wheelers, we learned, Monday, September 13, from the association at the origin of the request and his lawyer.
The association Respire – which fights against air pollution – had launched an emergency procedure (referred suspension) against the about-face of the government, which, after having published on August 11 in Official newspaper a decree establishing from January 2023 this control, imposed by a European Union directive, announced its suspension the following day ” until further notice “, at the request of the President of the Republic, in the face of the discontent of the biker federations.
This new technical control should concern all motorized vehicles with two, three and four wheels, scooters of 50 cm3 and cars without a license included, to fight accidents and pollution.
“Co-construct an alternative system”
But the summary judge of the Council of State considered that the condition of urgency was not valid, in particular because of the expected entry into force deadlines, explained Respire’s lawyer, Pierre-Eugène Burghardt. “While we are facing a climate emergency, it is quite paradoxical”, he said, while welcoming that the judge did not reject the request on the merits, which argues in particular that neither the President of the Republic nor the Minister for Transport, Jean-Baptiste Djebbari, had legally the competence to suspend the initial decree, signed by the Prime Minister.
Emmanuel Macron had defended this decision by the desire not to “Not add constraints” to the French at a time when they are already suffering from the health crisis. And Mr. Djebbari gathered at the beginning of September the biker federations in order to “Co-construct an alternative system”.
But Respire considered, on the contrary, despite the decision rejecting its emergency procedure, that“There is, in view of the imperatives of road safety and environmental protection, a need to implement this directive without delay” European.
No date was immediately set for a review of the proceedings on the merits.
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