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The State of Health Emergency in France due to the Covid-19 and the Marginalization of Parliament

Abstract : “We are at war”. These words were pronounced on Monday, 16th March 2020 by the French President of the Republic, Emmanuel Macron, who called for national unity against an “invisible enemy” called Corona virus or Covid-19. But the war terminology, the declaration of a State of emergency and the management of the crisis within the framework of the Defence Council are not appropriate to resolve public-health issues. On the one hand, the role of this Council is not to participate to the management of a health crisis and, on the other hand, the final decision should be up to the legislator in a parliamentary system like the French one. Finally, the crisis reveals that neither the Parliament nor local democracy can fight against the “super-presidentialism”. In other words, it reveals the lack of democratic checks and balances and the political and institutional malfunctions of our Fifth Republic.
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https://hal-normandie-univ.archives-ouvertes.fr/hal-02908151
Contributor : Sylvia Brunet <>
Submitted on : Tuesday, July 28, 2020 - 2:04:02 PM
Last modification on : Wednesday, July 29, 2020 - 2:38:00 PM

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Sylvia Brunet. The State of Health Emergency in France due to the Covid-19 and the Marginalization of Parliament. International Legal Studies III by European Scholars of the ELPIS Network, Universitätsverlag Halle-Wittenberg, 2020, The effect of the “corona virus” in Global, European and National Law. ⟨hal-02908151⟩

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