France takes extra care. In an attempt to curb the spread of the coronavirus, which has already killed 19 people, the government has banned all gatherings of more than 1,000 people across the country. With some exceptions.
The Minister of Health, Olivier Véran, said Sunday that "at the national level, the prefects and the ministries will put together a list of events useful to the life of the Nation", adding that the "demonstrations will be part of it just like competitions or the use of public transport. ”
Some sneaky examples, but inevitably asking questions: how to judge the contribution of an activity for the Nation? Contacted, the Ministry of Health specifies that "the prefects will receive a list of events during the day and will make a local assessment". “Everything will then be done in coordination with the Ministry of Sports, Culture and the Interior. "
For the time being, the Paris prefecture ensures "not to have more information on this subject". Same reaction in several prefectures of regions contacted during the day. For its part, the Ministry of Culture indicates that the Minister Franck Riester "will meet by tomorrow the entertainment professionals and representatives of the cinema to address the cost of possible cancellations of shows and festivals".
"No legal concept"
Difficult for the moment to get a precise idea of the events that will be maintained. Especially since the expression referring to "utility to the Nation" remains little used, even overlooked. "It is not found in any case law, any legislative or constitutional text," said Lauréline Fontaine, professor of public and constitutional law at the Sorbonne, who admits to being "surprised" by her employment by the minister. "It is not a legal concept, but an expression, in my opinion, catch-all that will allow a free interpretation on the part of the prefects," she adds.
At first glance, "utility to the Nation" could refer to the concept - well known this time - of "public utility", an activity recognized as having an interest for the community. But this association would be "reductive", says Juliette Grange, political philosopher and professor at the University of Tours. "The Nation refers to the State, to the sovereign", and therefore, by extension, to "democratic life", she underlines. “The government obviously does not wish to dramatize the situation by postponing the municipal elections. It would therefore not be surprising to see meetings with more than 1,000 people maintained as part of the campaign, she believes, despite the decision of Anne Hidalgo and David Belliard to cancel theirs this week.
Another possible interpretation, "utility" could also refer to the maintenance of a country's activity. In this case, the government would like to give priority to everything that keeps the economy alive and maintained. "Even if the risks of transmission are significant, there is no question of suspending public transport because the operation of businesses would be disrupted," says Juliette Grange.
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VIDEO. "The coronavirus will have a severe impact on the French economy"
"We purely reduce the social to the utility"
A vision which would rather be in line with the line defended by The Republic up to now, judges a professor in Paris, specialist in political philosophy, who prefers to remain anonymous. “This expression is indicative of a certain conception of the social bond: one purely reduces the social to the utility. "
For many, this new ban on gatherings is above all synonymous with the cancellation of concerts, shows and sports performances. We no longer count the number of events postponed or canceled. Should we deduce that culture and sport would not be considered "not useful to the Nation"?
“It's an interesting reasoning. There is an obvious awkwardness in the Minister's expression, ”recognizes Florence Chaltiel-Terral, a teacher at Science Po in constitutional law. "The minister should rather have spoken of essential or necessary utility. Because nobody can say that sporting and cultural events are useless to the Nation! "
A "curious" but "skillful" expression
Obviously there remains the precautionary principle. Because the risk of coronavirus transmission is even greater in a limited space - a concert hall, a stadium, etc. -, as medical personnel have emphasized from the start.
In the end, the use of this "curious expression" is "clever enough for power", judge Juliette Grange. "The government shows that it acts by banging its fist on the table, but it remains confused in its actions: meetings are prohibited and others are allowed. A vagueness which reflects well the complexity in which we find ourselves facing this epidemic ”.