The State Council refused Sunday to order the total containment of the population because of the coronavirus pandemic. The highest administrative court, seized of a summary liberty by representatives of doctors, estimates that the recourse to the recommendations requested by these associations "could have serious implications on the health of the population in particular because of the needs of supplies". The Council of State nevertheless asks the government to review within 48 hours certain travel exemptions. In particular those for health reasons or for physical activity, considered too broad. The three judges thus ask the State to specify the degree of urgency of the health reasons justifying a displacement. They also call for an assessment of the risks to public health of maintaining open markets.
The decision of the Council of State is in particular justified because total confinement would imply provisioning at home which “cannot be organized on the whole of the national territory, taking into account the means available to the administration, except at the risk of serious disruption. 'supply and delay the delivery of materials essential to health protection,' notes the Council.
Increase testing capabilities
"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 are dependent" and in particular transport in common.
Doctors were also asking for measures to ensure the production on an industrial scale of screening tests and the screening of medical personnel. To which the judges replied that "the authorities have made arrangements with all manufacturers in France and abroad to increase testing capacity as soon as possible".
The order of doctors, the InterSyndicale Nationale des Internes (ISNI) and the “Young Doctors” union which had filed this appeal can appeal this decision.
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