Remember. On February 10, 2022, in Belfort, Emmanuel Macron announced a battery of nuclear stimulus measures, including the extension of the life of nuclear reactors in operation and the creation of six new generation reactors (EPR2), with a service by 2035-2037 for the first two and the launch of studies to create eight others. This speech had been widely criticized by NGOs and anti-nuclear activists. At the end of this speech, Greenpeace had filed an appeal for “excess of power”, which targeted the speech of the president. But on Wednesday, the Council of State decided.
In its judgment, the highest administrative court considered that the announcements of the president, on the occasion of this speech, did not reveal “the existence of an act likely to be challenged by way of recourse for excess of power “.
Decisions “made by an incompetent authority”
Among the arguments raised, Greenpeace argued that these announcements violated the energy transition law of 2015 and the energy roadmap (PPE) adopted by decree in 2020, which stipulate a decline in the share of nuclear in the French electricity mix to 50% with progressive shutdown of reactors.
The NGO also considered that the decision to relaunch a nuclear program had been “taken by an incompetent authority” when it should “be the subject of a decree issued by the Prime Minister”.
The Council of State considered that if the President, in his speech, had “expressed the wish” to relaunch nuclear power, “only future decisions, taken in accordance with the applicable legislative and regulatory provisions, [seraient] likely to be the subject of litigation”.
The public authorities will work at the start of the school year on the energy-climate programming bill, expected in the fall, which should set the outlines of the country’s energy strategy to get out of fossil fuels and achieve carbon neutrality in 2050.