5. Fundamental principles of environmental law

The fundamental principles of environmental law are distinct from the general principles of law. Whereas the latter are rules of general application that apply even in the absence of a text, and are identified and updated by case law, the fundamental principles of environmental law have in almost all cases an international origin. They were translated into Community law, then transposed into French law (codified in article L. 110-1 of the Environment Code), before the Charter of the Environment gave them constitutional value.

The four main principles set out in the Environmental Charter are: the prevention principle, the polluter-pays principle, the participation principle and the precautionary principle.

In addition to these four founding principles, new ones have recently been added by the law for the reconquest of biodiversity, nature...