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L'état de droit sacrifié sur l'autel de l'urgence sanitaire?

Citeroni, Nicole LU orcid and Jolly, Loren (2020) In Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft 103(1). p.73-91
Abstract
The international health emergency caused by the Covid-19 outbreak is unpreceden‐ ted. The purpose of this article is to compare the legal approaches adopted by France and Italy in order to deal with the epidemiological crisis that threatens the health of citizens as well as the essential principles of the rule of law. The choice of the legal basis for the current emergency measures is analysed after reviewing the regimes that the two European states have put in place over the years to face exceptional situati‐ ons of a different kind: human-caused emergencies – such as terrorist attacks or wars – as well as natural disasters. Secondly, the article focuses on the implementation of the measures adopted by the organs of the state executive... (More)
The international health emergency caused by the Covid-19 outbreak is unpreceden‐ ted. The purpose of this article is to compare the legal approaches adopted by France and Italy in order to deal with the epidemiological crisis that threatens the health of citizens as well as the essential principles of the rule of law. The choice of the legal basis for the current emergency measures is analysed after reviewing the regimes that the two European states have put in place over the years to face exceptional situati‐ ons of a different kind: human-caused emergencies – such as terrorist attacks or wars – as well as natural disasters. Secondly, the article focuses on the implementation of the measures adopted by the organs of the state executive power to combat the spread of the epidemic, with particular regard to the sanctions for violations of confinement measures. As the French and Italian governments play a leading role in the fight against Covid-19 through law, the different types of control exercised vis-à-vis the executive power will also be considered. Finally, the article provides an overview of the possible consequences that the current health crisis could have in the post-Co‐ vid-19 era, to conclude that in such an exceptional situation, law must be able to deal with the new challenges posed by the coronavirus without questioning its fundamental principles. (Less)
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author
and
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Covid-19, état de droit, état d'urgence, Covid-19
in
Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft
volume
103
issue
1
pages
18 pages
publisher
Nomos
ISSN
2193-7869
language
English
LU publication?
yes
id
b9e6656c-40c7-4edf-a428-f007ec9235de
date added to LUP
2024-06-01 16:33:15
date last changed
2024-06-03 09:48:28
@article{b9e6656c-40c7-4edf-a428-f007ec9235de,
  abstract     = {{The international health emergency caused by the Covid-19 outbreak is unpreceden‐ ted. The purpose of this article is to compare the legal approaches adopted by France and Italy in order to deal with the epidemiological crisis that threatens the health of citizens as well as the essential principles of the rule of law. The choice of the legal basis for the current emergency measures is analysed after reviewing the regimes that the two European states have put in place over the years to face exceptional situati‐ ons of a different kind: human-caused emergencies – such as terrorist attacks or wars – as well as natural disasters. Secondly, the article focuses on the implementation of the measures adopted by the organs of the state executive power to combat the spread of the epidemic, with particular regard to the sanctions for violations of confinement measures. As the French and Italian governments play a leading role in the fight against Covid-19 through law, the different types of control exercised vis-à-vis the executive power will also be considered. Finally, the article provides an overview of the possible consequences that the current health crisis could have in the post-Co‐ vid-19 era, to conclude that in such an exceptional situation, law must be able to deal with the new challenges posed by the coronavirus without questioning its fundamental principles.}},
  author       = {{Citeroni, Nicole and Jolly, Loren}},
  issn         = {{2193-7869}},
  keywords     = {{Covid-19; état de droit; état d'urgence; Covid-19}},
  language     = {{eng}},
  number       = {{1}},
  pages        = {{73--91}},
  publisher    = {{Nomos}},
  series       = {{Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft}},
  title        = {{L'état de droit sacrifié sur l'autel de l'urgence sanitaire?}},
  volume       = {{103}},
  year         = {{2020}},
}