Qu'est-ce que l'État d'urgence sanitaire ? D'un État d'urgence Ç l'autre, ou l'intÉgration des rÉgimes d'exception dans les États de droit contemporains

Abstract

What is a health emergency? From a state of emergency to another one, or the integration of emergency regimes into contemporary rules of law - To respond to the Covid-19 epidemic, law No. 2020-290 of 23 March 2020 creates, among other measures, a state of health emergency. This state of emergency confers special administrative police powers on the Prime Minister, the Minister for Health and on State representatives if duly authorised. It allows unprecedented limitations on the exercise of rights and freedoms. While its promoters argue that there is no continuity break in the rule of law, the singular arrangements made to it were repeated or even normalised, up to the point to modify the very notion of the rule of law.