New twist in the case of the technical control of two-wheeled vehicles: the Council of State declared illegal two decrees issued in August 2021 on Wednesday that sought to postpone the entry into force of the mandatory technical control to January 2023 and then suspend the measure .
This decision comes the day after the publication of another decree, which came to definitively bury the idea of a compulsory technical inspection for two-wheeled vehicles, in favor of alternative measures.
“The government is now obliged to issue a decree to immediately implement the technical control,” Tony Renucci, general manager of Respire, one of the associations at the origin of this judicial coup, explains to BFM Business.
“There is no time to bother the French”
The battle between the associations for the defense of the environment and the government thus lives a new episode. Referred to in summary, the Council of State had already agreed with the associations in May and ordered the Executive to apply it from October 2022. This time it ruled on the merits of the case.
The Council of State considered that certain provisions of the decree of August 9, 2021 “that lead to the postponement of the application of the technical inspection of motorized two-wheeled vehicles to January 1, 2023” ignored “the term of January 1 January 2022 set” by the European Parliament and Council.
The European Union decided in 2014 to impose the measure on member states no later than January 1, 2022. But last August, Emmanuel Macron assured that he would never apply this decision because “it was not the time to bother the French”. according to an adviser to the executive.
“Alternative Measures”
On Wednesday, the State Council also canceled the decree of the Minister of Transport that suspended this decree on August 12, 2021. “The execution of laws and the exercise of regulatory power rests with the Prime Minister, the Minister of Transport cannot legally make such a decision”, explains the highest authority of administrative justice.
“The decision of the Council of State is clear: the government must implement the technical control immediately to comply with European law. The postponement and changes of the government are no longer appropriate”, commented Me Camille Mialot, the Respire lawyers’ associations, Ras le Scoot and Paris without a car.
These NGOs that defend the environment or fight against the inconvenience of two-wheeled vehicles had seized the Council of State to force the Government to impose the measure.
This Tuesday, however, he drew a definitive line on this idea, announcing favoring “alternative measures” such as awareness campaigns, the improvement of infrastructures or a reinforcement of certification standards.
The associations Respire, Ras le Scoot and Paris Sans Voiture have denounced a detrimental setback for air quality but also for safety and noise pollution.
The Council of State ordered the State to pay 1,000 euros to each of these associations for the expenses incurred.
Source: BFM TV
