Maj. on 2nd march
Today the administrative court of Nancy declared illegal and canceled the act by which the Andra claims to be the owner of the Bois Lejuc ! The township & the Andra have 4 months to regularise it- if they wish to.
Below, our media report and a translation of the the court order :
Our media report:
The facts and the legal procedure:
In the context of the research they’re doing, primarily in the underground research laboratory in Bure, ANDRA (the national agency dealing with radioactive waste) studied the feasibility of storing mid and high activity long term nuclear waste in deep geological layers. Its research resulting in the feasibility of such storage, ANDRA offered a land exchange to the village of Mandres-en-Barrois.
Through a deliberation adopted following the secret ballot vote on July 2nd 2015, the municipal council of the Mandres-en-Barrois village authorized the mayor to sign with ANDRA an agreement on the exchange of the communal forest (Lejuc Forest) for another forest located on the territory of the village of Bonnet.
Several Mandres-en-Barrois inhabitants have asked the Nancy administrative tribunal to cancel the agreement.
On February 28th 2017, the administrative tribunal canceled the agreement.
The administrative tribunal court order:
First of all, even though the village denied the petitioners a legal interest in contesting the ruling approving the exchange of the forest, the tribunal considers that the petitioners indeed had a legal interest, as of their village tax payers status, in asking for the cancellation of a ruling which impacted the village finances and affected the village estate management.
The tribunal then takes note of the general code for territorial collectivities article L. 2121-21, which authorizes secret ballot votes, but only under the condition that at least one third of the town councilors present on the day of the vote be asking for it. Moreover, according to jurisprudence, it is then the collectivity responsibility to establish that the councilors present asked for it or at the very least agreed to the mayor’s suggestion of secret ballot voting.
The tribunal however considers that the collectivity did not bring proof of the latter even though the vote modalities were added retrospectively on the session report. The tribunal thus considers that the ruling was adopted in an irregular fashion.
A procedural violation, however, only cancels a ruling if it deprived the interested parties of a guaranty or was susceptible to influence their decision.
In this particular case, the tribunal considers that the procedural violation, which enable the voters to disobey the general rule of public transparency, deprived the public of the guaranty to know and understand the meaning of the vote of each elected town councilor.
The tribunal thus cancels the ruling of July 2nd 2015.
As a conclusion, the tribunal indicates that the procedural violation being here condemned can be adjusted and thus requires the village of Mandres-en-Barrois to adjust it within for months by adopting a new ruling approving the terms of the forest exchange. Should it fail to do so, the village must cancel its agreement with ANDRA entirely.
Court Order n° 1503615 M. X ….. /Mandres-en-Barrois village, February 28th 2017
This is a new defeat for the Andra, our anger is legitimate !
Among the other news this weeks, the police have been quite present in the village and around, numerous complete car checks on the roads around the house (with special authorizations from the prefecture, especially on last thursday 23th and saturday 25th). Be careful if you’re passing by !