The Council of State refused Sunday to order the “total containment” urgently requested by certain doctors, but enjoined the government to review within 48 hours certain exemptions from displacement, in particular for reasons of health or for the activity physical, he said in a statement.
The highest administrative court, seized of a summary liberty, considers "too broad" the authorization of individual sports practices, such as jogging and requests its review.
Read also: LIVE - Coronavirus: the epidemic spreads in France with 674 deaths, including 112 in 24 hours
It also requests the government to "specify" the "degree of urgency" of the health reasons justifying a move and to "assess the risks to public health of maintaining (...) open markets, given their size. and their level of attendance. "
"If the general economy of these measures does not reveal a deficiency of the public authorities, the scope of certain provisions is nevertheless ambiguous" , noted the senior magistrates of the litigation section, Jean-Denis Combrexelle, Nicolas Boulouis, and Christophe Chantepy.
"A total confinement such as that requested by the applicants could have serious implications for the health of the population" , estimated the three judges who examined Sunday morning the request of the Young Doctors unions, of the InterSyndicale Nationale des Internes (ISNI ) and the order of doctors.
These high magistrates were to pronounce in urgency on the governmental decree of March 16 fixing the rules of containment. This decree is considered too lax by the unions, which denounce a “serious and manifestly illegal violation of a fundamental freedom” , in this case the “right to life” . They can appeal this decision.
A total containment would imply a supply at home which “cannot be organized on the whole of the national territory, taking into account the means which the administration has, except to risk serious disruptions of supply and to delay the routing of essential materials health protection ”, underlines the Council.
"In addition, the pursuit of certain essential activities, such as that of health personnel or people involved in the production and distribution of food, implies the maintenance of other activities on which they depend", in particular transport in common.
Read also: Italy: against the coronavirus, the massive use of geolocation
The doctors also asked for measures to ensure the production on an industrial scale of screening tests and the screening of medical personnel. The summary judges answer that "the authorities have made arrangements with all manufacturers in France and abroad to increase testing capacity as soon as possible".