Europe 1 with AFP 12:37 p.m., February 18, 2022

The Constitutional Council ruled on Friday on the old mining code in French Guiana, thus opening a way of appeal against the controversial Montagne d'Or project in French Guiana, the largest primary gold mining project ever proposed in France.

The association France nature environment (FNE) had seized the Council of State in order to prevent its outcome.

The Constitutional Council on Friday declared unconstitutional part of the old mining code which allowed the renewal of mining concessions without taking into account the environmental consequences, opening a remedy against the controversial Montagne d'Or project in Guyana.

This priority question of constitutionality (QPC) had been referred to the Constitutional Council by the Council of State, seized by the association France nature environment (FNE).

The association relied on unconstitutionality to try to prevent the controversial Montagne d'Or project.

The old mining code, in its version prior to the overhaul due to the Climate Law of August 22, 2021, allowed concessions to be extended by law when the deposits to which they relate were still being mined.

Emmanuel Macron in favor of the mining project

The Constitutional Council considered that, concerning this possibility given to mining companies, "the legislator has disregarded (...) Articles 1 and 3 of the Environmental Charter" according to which "everyone has the right to live in an environment balanced and respectful of health", and "everyone must, under the conditions defined by law, prevent the damage that he is likely to cause to the environment or, failing that, limit the consequences".

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This decision of the Institutional Council applies to cases in progress and those which are still before a court, such as that of the Montagne d'Or.

However, it does not apply to cases that have been definitively judged, so as not to be retroactive.

Montagne d'Or is the largest primary gold extraction project ever proposed in France, led by the Russian-Canadian consortium Nordgold-Orea mining (ex-Columbus gold).

The government considers it "incompatible" with its objectives in terms of ecological transition.

On the occasion of the first Ecological Defense Council of May 23, 2019, Emmanuel Macron spoke in favor of stopping this mining project.