What is a state of health emergency?

The Parliament must vote this Thursday and Friday the state of health emergency. But what does it consist of? We take stock of the measures that can be taken if the state of emergency is voted.


by Melanie Bonvard

This Wednesday, March 18, the government presented an urgent bill to the Council of Ministers. This bill plans to put in place strict and more than necessary measures to fight coronavirus. It will be a state of health emergency. The results ? Individual freedoms could be limited. We explain everything about what a state of health emergency involves.

Following the Council of Ministers, Edouard Phillipe presented the state of emergency to which the government could have recourse. He evoked thus "general measures to face the epidemic which would become generalized" rather than "individual measures restricting liberty." He adds: "We found it necessary to incorporate the lessons of crisis management in the law for three months."

This bill reads as follows: "The state of health emergency can be declared on all or part of the metropolitan territory, of the departments of overseas, of the communities of overseas governed by article 74 of the Constitution in the event of health catastrophe, in particular epidemic which, by its very nature and severity, involves the health of the population. " It is also declared by decree to the Council of Ministers and this decree involves determining "the territorial district [s] within which it comes into force. Within the limits of these districts, the zones where the state of health emergency is applied are fixed by decree taken on the report of the same minister."

After a report from the Minister of Health, the Prime Minister will have the power to take measures limiting freedom of movement, freedom of assembly and the freedom to conduct business. This decree will also allow the acquisition of various services necessary to repel the spread of the pandemic: masks, medical equipment and others will thus be easier to access.

This health emergency aims to be maintained for 12 days. Beyond this period, validation by law will be necessary and will therefore require a meeting of the Assembly as well as the Senate. To establish this state of emergency, the government based itself on the law of April 3, 1955. In addition, this decree will envisage more severe sanctions.

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Video by Clemence chevallet