It is a decision that could potentially affect numerous cases involving buildings in green zones. In July, Luxembourg’s Administrative Court issued a landmark decision in the area of nature conservation in green zones. Residents who were previously prohibited from renovating their homes may now hope that their case will be reconsidered, as the verdict determined that at least one of the decisions made by the Ministry of Environment in this context violated the constitution and human rights. The case in question involved a couple who owns an old building in a green zone and planned to slightly raise the house’s roof. Furthermore, the couple desired to turn a type of storeroom into living space. The Ministry prohibited the couple from doing so.
The Administrative Court has now annulled the decision, as Francis Delaporte, the President of the court, explained. Rather than focusing solely on the laws, the court tries to include “the big principles” because “they always come first,” according to Delaporte. In the case of the environment, Delaporte points out that Article 11bis of the constitution states that there must be a balance in the spirit of sustainability, something which the president of the administrative court considers “very important,” especially for the sake of current and future generations.
The decision of the Ministry of the Environment goes against the principle of sustainability, Delaporte argues. “If there are buildings in the green zone that have already been there before the first nature conservation law was introduced in 1965, and that are often over 100 years old, then they have already proven their sustainability,” the President of the Administrative Court explained. According to Delaporte, “it is then not right to tell these people: Because none of you have the job that you should have anymore, e.g., farmer or winegrower, you are no longer allowed to change anything around here.” In this case, “the principle of sustainability takes precedence over a strict rule”.
In addition, the rejection of the Ministry is disproportionate. The principle of proportionality is enshrined in the constitution and thus above the law, Delaporte argues.
It should be noted, however, that the decision’s annulment does not automatically result in the authorisation of the renovation works. The case has now been returned to the Ministry.
The Christian Social People’s Party (CSV) has already reacted to the verdict by requesting an urgent meeting with Minister for the Environment Joëlle Welfring in the Parliamentary Committee for the Environment.
