La risposta francese all’emergenza sanitaria da Covid-19: Stato di diritto e Costituzione alla prova della pandemia

Abstract

The French response to the health emergency Covid-19: Rule of law and Constitution to the test of the pandemic – The French government, like all other
governments in the world, found itself having to manage an unprecedented health emergency. In the face of the Covid-19 pandemic, the French government has chosen not to use the legal instruments with which the transalpine system is already equipped to manage emergencies (art.16 of the Constitution, state of emergency provided for by the law n. 55-385 or theory of exceptional circumstances developed by the Council of State). For the occasion, France has
preferred to issue a special law (the law n. 2020-290) aimed at regulating an unprecedented legal figure: the state of health emergency. This choice has cost France many criticisms from publicist doctrine.