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Guillaume Tabard: "State, communities: rival or complementary?"

2020-04-10T19:22:28.258Z


COUNTERPOINT - If the State has annulled the decrees of certain mayors, it is because of the compulsory nature, which thus imposes a form of restriction of liberty not falling within their powers.


Legal rigor does not always go hand in hand with political clarity. If the Minister of the Interior has challenged, and caused the administrative court to annul, the decrees of certain mayors making it compulsory for residents to wear a mask, it is not by hostility in principle to wearing a mask. But, he says, because of its compulsory nature, which thus imposes a form of restriction of liberty not within their powers.

Added to this is a practical explanation: regulating now on the wearing of masks could be understood as an advance authorization to leave, contrary to the principle of confinement, which the government maintains remains the most reliable method of combating the spread. of the virus. Is.

Read also: Coronavirus: the state tempers the zeal of mayors

These examples of municipal judgments thwarted by the State nonetheless illustrate two debates: that of government communication on masks, and that of a sort of shallot race between the State and local communities.

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Source: lefigaro

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