A small victory. After 135 appeals, 75 of which have already been rejected, the Council of State made a small departure this afternoon from its policy of decisions consisting in defending the government. Ten days ago, the bars of Paris and Marseille jointly filed an application for interim measures on the subject of health security in the prisons and the courtrooms of the jurisdictions as well as in the police stations.
The aim is to obtain from the State to ensure, by the delivery of glove masks and hydro-alcoholic gel, better health security for the judicial personnel and the auxiliaries of justice that are lawyers. In its decision the Council of State thus considers that for, “the hydro-alcoholic gel, for which there no longer exists the same situation of shortage” even if the lawyers “are therefore able to obtain it by themselves- even, it is up to the State to make them available despite everything, when the organization of the premises or the very nature of the missions do not make it possible to comply with the rules of social distancing ”.
In addition, the Council of State affirms that with regard to the masks “faced with a context of persistent shortage to date of the masks available, it is up to it to first equip its agents, with regard to whom he has, as an employer, a specific obligation "and" as long as this shortage situation persists, to assist lawyers who, in their capacity as court auxiliaries, contribute to the public service of justice, 'provides (....) by facilitating the access of bars and institutions representative of the profession to supply circuits'. An obligation that lawyers will be able to assert after six weeks of strict confinement.