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"Covid-19 crisis: sought from all sides, the judge must not step out of his role"

2020-04-06T16:45:46.586Z


TRIBUNE - Certain jurisdictions claim to dictate to the government the measures to be adopted in the face of the coronavirus, worries the former secretary general of the Constitutional Council.


Jean-Éric Schoettl is an honorary Councilor of State.

On March 28, the Administrative Court of Basse-Terre, ruling as a judge of interim measures for freedoms, ordered the regional health agency and the university hospital center to "place an order for 200,000 Covid-19 screening tests , corresponding to the half of the population of Guadeloupe " , as well as " doses necessary for the treatment of the epidemic of Covid-19 with hydroxychloroquine and azithromycin, as defined by the IHU Mediterranean Infection, for 20,000 patients " .

Read also: Chloroquine: the call of three big names in health in favor of the recommendations of Pr Raoult

This ordinance alerts by its maximalism. The court becomes a "Santa Claus", who, without concern for feasibility and at the cost of the future frustration of the litigants, orders the impossible to public authorities lacking the means to execute his orders. If screening were to take on, in metropolitan France, the scope that the court orders for Guadeloupe alone, it would be necessary very quickly to produce 30 million tests, when we are at best capable of providing them

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Source: lefigaro

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