Beam me to Planet Gore !
Posted on 12/30/2009 2:05:48 PM PST by Robert A Cook PE
29 12 2009
This new French carbon tax was scheduled to go into law on Jan1, 2010. The tax was steep: 17 euros per ton of carbon dioxide (USD $24.40). In a stunning move, and surely a blow to warmists everywhere, the tax has been found unconstitutional and thrown out. Originally found here (Google Translation).
Lord Monckton was kind enough to assist me in deciphering the meaning of the ruling and writes:
In France, if at least 60 Deputies of the House and 60 Senators appeal to the Constitutional Council, it has the power to pronounce on the constitutionality of a proposed law – in the present case, the 2010 national budget of France, which contained enabling provisions (loi deferee) for a carbon levy. The Council found that these enabling provisions were unconstitutional on two grounds: that the exemptions contained within the provisions for a carbon levy vitiated the primary declared purpose of the levy, to combat carbon emissions and hence “global warming”; and that the exemptions would cause the levy to fall disproportionately on gasoline and heating oils and not on other carbon emissions, thereby breaching the principle that taxation should be evenly and fairly borne.
[Ref] The Press release from the French Constitutional Council is here in English (Google Translated) and in original French
[See http://www.wattsupwiththat.com for complete links]
[Ref] Deustch-Welle news article on the reversal.
Smoke stacks
Großansicht des Bildes mit der Bildunterschrift: The council said the tax had too many exemptions
France’s Constitutional Council says the country’s proposed carbon tax is illegal. This is a severe blow to French President Nicolas Sarkozy’s plans to fight climate change.
France’s Constitutional Council has struck down a carbon tax that was planned to take effect on January 1st. The council, which ensures the constitutionality of French legislation, said too many polluters were exempted in the measure and the tax burden was not fairly distributed.
It was estimated that 93 percent of industrial emissions outside of fuel use, including the emissions of more than 1,000 of France’s top polluting industrial sites, would be exempt from the tax, which would have charged 17 euros per ton of emitted carbon dioxide.
French President Nicolas Sarkozy has argued the tax is necessary to combat climate change and reduce the country’s dependence on oil.
However, the council’s ruling is a severe blow to both Sarkozy’s environmental plan as well as France’s budget for 2010. The government now has to find a way to come up with about 4.1 billion euros in revenue that was expected from the tax.
Way to go Frogs! (And you’re in a good position not to be called hypocrites, what with the 80% or so of your electric power that you get from nukes.)
Which is exactly what would happen here, based on the size of the bribe, er, I mean, campaign contribution.
Wonderful news. Sanity, so refreshing.
Din’t some of our justices follow international decisions?
Constitutional Council, eh? Interesting. I’ll have to investigate this.
I wouldn’t get too excited about this. The French court basically ruled against it because it wasn’t taxing enough people.
But... but... what about the impact of international law on US decisions? (/sarc because sovereignty violations by precedent consideration only move towards the left-desired conclusion)
woohoo!!
France gives it the smack down
I agree: That's what they did.
However, the purpose of the new tax on automobile fuel was to raise money. And the only way they (the French government) could get this tax passed was to exempt the hundreds of thousands of businesses and the basic industrial producers of their economy from the tax. So, when they have to re-introduce the tax on January 20, Sarkozy must now spread his tax out on a whole LOT of other businesses and groups who will now have to pay.
And they won't like to see THEIR taxes raised, when before (with the fuel surcharge that has been declared illegal) the ones paying are the automobile drivers, farmers, truckers, and taxi drivers. And they have less influence (less money) to influence the government.
He (Sarkozy) now has to pass the tax law again, and now has t face more opposition to the new law from a wider base, and that base has seen the first version defeated.
Momentum can shift, though, as you said, this is not the final tax bill.
However, the council’s ruling is a severe blow to both Sarkozy’s environmental plan as well as France’s budget for 2010. The government now has to find a way to come up with about 4.1 billion euros in revenue that was expected from the tax.
Totally exposes the real purpose of Global Warming initiatives and Carbon Tax legislations (in other words - all that hot air)!
bttt
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