Fransa’da COVID-19 ile Mücadele Kapsamında Ulusal Düzeyde Alınan Kolluk Tedbirlerinin Hukuki Rejimi: İlk İzlenimler

Abstract

Countries have implemented serious measures to curb the rapid spread of COVID-19 in the world. During this period, which has almost brought the normal way of life to a standstill, many fundamental rights and liberties have been limited, such as the freedom of movement. France also implemented some restrictions, but it has started to lift some of them gradually. This article conducts a legal analysis of how fundamental rights and liberties have been severely restricted within the context of public health regulations during this period. Between March and May 2020, the French government took many drastic measures to curb the spread of COVID-19, including implementing a lockdown and closing schools and businesses. “The theory of emergency conditions” and Public Health Law L3131-1 and following provisions were the legal source of such measures until 23 March. Then, new rules have been legislated and a new legal framework governing the state of emergency in public health is now provided for under the Law on the Fight against Coronavirus, dated March 23, 2020, numbered 2020-293. This new regime gives the Prime Minister the authority to take rule-making administrative actions and place the science committee, which was formulated to spearhead the fight against COVID-19, within a legal framework. During this period, many regulations have been enacted by the government, some of which have been challenged before the Conseil d’Etat. The new legislations on the regulatory measures undertaken and the consequential disputes that arose due to such legislations have elicited debates on public regulations in administrative law. This article aims to assess the transformation of the legal basis for limiting fundamental rights and liberties, the results of this transformation, and the approach of the Conseil d’Etat toward the disputes before the court.