Today we see that it is not the words in the air

Have you been surprised the cancellation of the carbon tax by the Constitutional Council

No, on the contrary, I am surprised to be surprised! This decision is entirely in line with those that have been previously taken in 2000 on the general tax on polluting activities (TGAP) of the Jospin Government and in 2002 about the tax on the paper printed.

In the latter case, the Government had established a TGAP to finance the cost of these paper elimination, except that all of the press was exempt from payment. Result, the majority of printed papers were exempt and the Constitutional Council struck down the tax which no longer met its initial purpose.

It is exactly exempted. It is a break characterized of the equality of citizens before the public charges.

You move so the interpretation of a decision "political"...

It was enough to read décisions them in 2000 and 2002 to provide for such an outcome. There is no reversal of jurisprudence. The political explanation does not route a single second, as each time, the rest, that is challenged the censorship of the Council.

Why has the Council not invalidated the exemptions to the carbon tax, rather than removing it completely

Technically, it could have. But it would have resulted in pay tax to 100 for interested parties. However, this is not what asked the Constitutional Council. He wants all the economic actors contribute, but does not reject the principle of reductions or offsets, even important, if they are motivated. He also is a good example in its comments on the public transport: buses produce many greenhouse gas but, so far, there would be even more emissions of CO2 is they did not exist and the legislature is entitled to take this into account.

But this is decisions of Parliament and the Government, and the Council takes care to not substitute. However, the act completely relieved the most polluting enterprises, which was not acceptable to the Council. Hence censorship total.

The Government argues that they are already subject to the European system of quotas market, which encourages companies to emit less CO2...

The Council was well considered this European dimension. But he notes that quotas are free until 2013 and that the system will then be paid but will not achieve its regime of cruise as in 2027. Could not uphold a breach of equality before the also net tax for more than 15 years!But, again, the Constitutional Council does not require that these industrialists are taxed at 100: the Government may implement a device at reduced rate, sliding in time with the rise in support of the European system.

The Constitutional Council gives more importance today to the environmental dimension

He indeed deliberately recalled the words of the Charter of the environment in its recitals. The principle of equality before the public office is further reinforced by this Charter which stipulates, in article 4, that any person must contribute to repair damage it causes to the environment. Today, we see that it is not the words in the air.

INTERVIEW BY ETIENNE LEFEBVRE