Do not flirt with the risk of unconstitutionality.
To limit the movement of people, the government could have contented itself with using the powers conferred on it by the law of July 9, 2020 organizing the exit from the state of health emergency and setting up a transitional regime until October 30. .
He preferred to return to a maximalist legal framework by relaunching, by simple decree, in the Council of Ministers, for one month, the state of emergency at the national level.
Enough to give the Prime Minister powers of constraints that can go as far as general and national confinement, under article L.3131-15 of the public health code.
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This device still prevails in Guadeloupe and Guyana.
It allows the government to chisel at will, and according to each local situation, the traffic restrictions, curfews, or even total re-containments that it wishes to implement depending on the spread of the virus, all in the name of a principle. fundamental: that of protection
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