Le Figaro
In November 2020, the government planked on a law to create a lasting mechanism without time limit for the management of health crises and epidemics.
This device was to take over from the state of health emergency and give the government all the time to restrict public freedoms (confinement, curfews, travel restrictions, administrative closures of shops, places of culture and restaurants. , etc.) without a vote by Parliament.
This is worrying news, while the French government is already the executive of the major European countries which has the most power to decide on health restrictions alone.
Fortunately, in the face of the outcry, the government has just given up on this liberticidal project.
To read also: "Confinement, curfew: home prison"
The health emergency regime "
in the event of a health disaster endangering, by its nature and severity, the health of the population
" was created in March 2020. Whether for the state of health emergency or security, the state of emergency is decided by the Prime Minister and then validated by Parliament.
From now on, the government wants to extend the state of health emergency until June 1, 2021, with a transitional regime (ie "exit") from April 1 to December 31, 2021. Note that France is under the regime of state of health emergency (or in a transitional period) since March 24, 2020, almost 10 months.
It seems that France is heading towards a new year spent under this regime which is characterized by an unparalleled centralization of decisions restricting our public freedoms.
Read also: Covid: is France one of the only European countries to resort to a state of health emergency?
It is good to have abandoned the bill which allowed the government to decide on health restrictions without any vote by Parliament, but it would be necessary, to do well, to involve more Parliament and the territories for the restrictions of public freedoms, like of what is done with our European partners.
In Germany, it is the Bundestag which, in the spring of 2020, granted the right to the executive to legislate by ordinance during the pandemic and this, until March 2021. Despite this, the health restrictions are taken in consultation with the governments of each Land.
In Italy, for example, the government and the presidents of the regions co-decide and sign the decrees that define the health restrictions that apply in the regions, after a favorable vote by the Chamber of Deputies.
Finally, in the United Kingdom, the decisions of the Prime Minister and his government (such as, for example, the confinement decided for January and February 2021) are subject to a vote of the deputies within 28 days and the Parliament will have to approve any major changes to come. .
Read also: Curfew or confinement: what arguments for a difficult choice?
This principle of validation by the Parliament must be integrated in France.
For example, extensions of health restrictions should be granted and validated monthly by Parliament.
Finally, the regions, departments and municipalities should be involved in health decisions.
As we have seen, the government has been doing it a bit since January 2021, with the establishment of a curfew at 6 p.m. in more than twenty departments.
The abandonment of the bill giving full powers to the government to restrict public freedoms in the event of a health emergency is a good point but we should now go further by really involving Parliament and the territories in decisions on health restrictions, such as do our neighbors in Europe.
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