A ''déclaration d'utilité publique'' (), or declaration of public utility, is a formal recognition in
French law
French law has a dual jurisdictional system comprising private law (), also known as judicial law, and public law ().
Judicial law includes, in particular:
* ()
* Criminal law ()
Public law includes, in particular:
* Administrative law ( ...
that a proposed project has public benefits. The declaration must be obtained for many large construction projects in
France
France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
or its old colonies, especially for infrastructure, before work can begin.
Process
The first part of the declaration is a
public inquiry, usually started by a
prefect
Prefect (from the Latin ''praefectus'', substantive adjectival form of ''praeficere'': "put in front", meaning in charge) is a magisterial title of varying definition, but essentially refers to the leader of an administrative area.
A prefect' ...
, to collect the views of all affected parties. Responses from affected parties are considered by a commissioner, who assesses whether the proposal has an overall benefit for the public.
If the finding is favourable, the declaration is granted by decree.
Legal basis
The ''déclaration d'utilité publique'' was initially required by article 545 of the
Civil Code
A civil code is a codification of private law relating to property law, property, family law, family, and law of obligations, obligations.
A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdiction ...
, which stipulates that property cannot be confiscated except for public purposes and with fair compensation.
Criticism
The public inquiry, when it enables informed debate, is considered one of the means of participatory democracy.
[Blatrix C (1996) ''Vers une démocratie participative ? Le cas de l'enquête publique.'' La gouvernabilité, 299-313.]
But one of the main criticisms levelled at the DUP (Declaration of Public Utility) procedure is that it comes at the end of the process, often when the decision is considered to have already been taken. Opponents of projects have accused prefectures of "salami-slicing" investigations, preventing a global vision of the project, or even providing misleading data.
["Les limites décriées des enquêtes publiques" d' Hervé Kempf, ''Le Monde'', du dimanche 30 juin-lundi 1er juillet, page 8.]
See also
*
Eminent domain
Eminent domain, also known as land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation, is the compulsory acquisition of private property for public use. It does not include the power to take and t ...
References
{{DEFAULTSORT:Declaration D'utilite Publique
Law of France
Eminent domain