Justice will render its decision « by May 28 » on a possible resumption of the site – Liberation

Towards a new twist in the controversial highway file. The public rapporteur, a magistrate whose opinion is often followed by the administrative courts, confirmed this Wednesday, May 21 be favorable to a resumption of the work of the A69 between Castres and Toulouse, justified according to him « by nature », due to the importance of connected cities.

Since morning, three magistrates from the Toulouse administrative court of appeal have been examining a request from the State aimed at making Resume work on the A69 motorway Arrested since the end of February. In detail, this is a request for « suspended on the execution », a procedural tool which, in matters of administrative justice, can make it possible to suspend the effects of a judgment pending the hearing on the merits.

In a packed room, Frédéric Diard, public rapporteur, estimated this Wednesday that the conditions to grant the suspension of the effects of the judgment claimed by the State « Seem to be combined with regard to texts and jurisprudence ». In the case of the A69, if the judges grant the request, this would mean a resumption of the work of the highway Order by a judgment of February 27 of the administrative court from Toulouse, who had canceled the environmental authorization granted by local prefectures to start the site. The decision will be rendered « From May 28 ».

In a notice communicated on Monday to the various parties, the public rapporteur, a magistrate intended to shed light on the jurisdiction seized and whose positions are generally followed, had already spoken in favor of a resumption of the site. According to one of the lawyers of the opponents, he believed that the elements provided to grant an execution are brought together, namely « Serious arguments » going against the decision rendered at first instance, and the « Building consequences » that may cause this decision.

The way is free, the main group of opponents of the highway, said « Extremely surprised » by this position of the rapporteur. « We cannot believe that emergency procedures (…) can sweep a residential decision so clear and meticulously argued »said the ecological collective whose members say they remain « However, confident about the decision of the judges of the stay ». « In view of the quality of the first instance judgment, (they) will not allow the provisional restart of the A69 fiasco »they would specify, believing that a resumption of the work, before the hearing of the bottom of the bottom expected in a few months, would be « Pure madness ».

For his part, Jean Terlier, macronist deputy of the Tarn and fervent defender of the highway, had judged on LCP that the opinion of the rapporteur was « Very good news » going « In the right direction »pending the decision of the court judges.

In parallel, the subject A69 is also invited to the National Assembly this Wednesday. Deputies will examine in the committee of sustainable development a bill – adopted in the Senate last week – to retroactively validate the orders broken by the justice. « It should make it possible to achieve a resumption of work as quickly as possible »argued on Tuesday the same Jean Tollier, who defends the text in the lower room.

A way to return to the decision of the Toulouse administrative court which had considered that the work did not present « Imperative reason for major public interest » allowing to derogate « The objective of conservation of natural habitats, wild fauna and flora ».

This form of atypical law arouses shields on the left: « We simply propose to trample the separation of powers » Between the legislative and the judiciary, the LFI deputy Anne Stambach-Terrenoir was rebelled on Tuesday. Insoumis, environmentalists and communists are unfavorable to the text, just as the socialists, who decided in a group meeting to vote against, unlike some of their senator counterparts. « A law does not have to replace a court decision », defends Arthur Delaporte (PS).

Conversely, the right and the RN should largely support the committee initiative. « Stopping work costs us millions of euros and then there is still a subject to open up rural areas »defends Timothée Houssin (RN).

MP LR Ian Boucard will propose to rewrite the text, not only to validate the decrees but also give the project a « Imperative reason for major public interest »and provide constitutional guarantees to the drafting, in the idea of ​​dismissing any new interruption. « If the work resumes, it must be for good and without interruption »he advances. The bill must be examined on June 2 in the hemicycle.

For their part, opponents of the highway have already launched a call to a « Burial party » From the highway in early July in the Tarn, the « turboteuf the A69 is finished ». « We will not allow their policy of accomplished destruction to the end and argue that a site can no longer be stopped since it is already too advanced »warn the organizers of the rally in the announcement text of the event released on a telegram loop of opponents of the A69 and relayed, in particular, by the uprisings of the earth.

Since the start of the site in 2023, the creation project of 53 kilometers of highway to connect Castres to Toulouse has been the subject of a very lively challenge, in different forms: camps in trees in the form of areas to be defended (ZAD), hunger strikes, legal appeal and demonstrations.

Three large gatherings have already brought together several thousand opponents in the Tarn each time: in April then October 2023 and finally, in June 2024, the last two being marked by clashes with the police.

Update : At 3:27 p.m., with the addition of the public rapporteur remarks made this Wednesday.