an administrative and constitutional imbroglio around technical control

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Faced with the discontent of bikers, the government finally gave up imposing a technical control on two-wheelers. For months, the case has given rise to a showdown between the state and associations.

Will the two-wheelers have to pass the technical inspection? At present, it is impossible to know. For good reason, a legal ping-pong has been played for two days. On Tuesday July 26, the State decided to simply repeal the measure. The next day, the Council of State wanted to clear things up by deeming certain decisions taken previously in the file illegal, in particular that of postponing the technical control to January 1, 2023, as the government initially envisaged. Too late, says the Council of State.

“Today, the government cannot repeal the technical control. It is bound by its choice and by European Union law which it should have transposed almost eight months ago. So no, it does not there will be no turning back, it is not possible”valued Camille Mialot, lawyer for the associations Respire, Ras le scoot and Paris without a car. The executive intends to find the parade by using alternative measures. The environmental associations, however, do not agree and have decided to file a new appeal against the repeal.

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