Décision 2020-883 QPC - Mme Marguerite P. et autres [Mesures transitoires accompagnant les nouvelles dispositions relatives à l'instauration des périmètres de protection des captages d'eau potable], 12-02-2021
Case Outcome | Non conformité totale |
Appeal Number | 2020-883 |
Court | Conseil Constitutionnel (France) |
Docket Number | CSCX2105043S |
ECLI | ECLI:FR:CC:2021:2020.883.QPC |
Official gazette publication | JORF n°0038 du 13 février 2021, texte n° 106 |
Procedure type | QPC |
Record Number | CONSTEXT000043231513 |
Au vu des textes suivants :
- la Constitution ;
- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;
- le code de la santé publique ;
- la loi n° 2019-774 du 24 juillet 2019 relative à l'organisation et à la transformation du système de santé ;
- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;
Au vu des pièces suivantes :
- les observations présentées pour les requérants par la SCP Boulloche, enregistrées le 10 décembre 2020 ;
- les observations présentées par le Premier ministre, enregistrées le 11 décembre 2020 ;
- les secondes observations présentées pour les requérants par la SCP Boulloche, enregistrées le 29 décembre 2020 ;
- les autres pièces produites et jointes au dossier ;
Après avoir entendu M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 2 février 2021 ;
Au vu des pièces suivantes :
- la note en délibéré présentée pour les requérants par la SCP Boulloche, enregistrée le 5 février 2021 ;
- la note en délibéré présentée par le Premier ministre, enregistrée le 9 février 2021 ;
Et après avoir entendu le rapporteur ;
LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
1. L'article 61 de la loi du 24 juillet 2019 mentionnée ci-dessus réforme, à son paragraphe III, la procédure d'instauration des périmètres de protection des captages d'eau potable prévue à l'article L. 1321-2 du code de la santé publique. Le paragraphe IX de cet article 61 prévoit :« Les deuxième à quatrième alinéas de l'article L. 1321-2 du code de la santé publique, dans leur rédaction résultant des a et b du 1° du III du présent article, ne s'appliquent pas aux captages d'eau pour lesquels un arrêté d'ouverture d'une enquête publique relative...
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