The question of the long-lasting impact of the pandemic on French public law

International audienceFrench Government was not prepared to deal with the health crisis of such magnitude that has struck France since March 2020. A new state-of-emergency legal regime has been created, in order to allow public bodies to take exceptional measures. The decisions for such measures, which have severely limited rights and freedoms, were not taken by Parliament or local elected councils but by the President of the Republic, surrounded by a few ministers and experts (scientific council, defense council…). This mode of operation has disrupted the usual decision-making processes within the executive branch, has weakened national and local democratic bodies and has undermined the rule of law and the protection of rights and freedoms. However, the extensions of the specific policing powers of the Executive have been justified by the courts, in particular during the peaks of the crisis.The question arises as to whether French Government is now better prepared to deal with emergency situations, both at logistical and legal levels. In particular, is the legal framework - regarding pandemics, but also other potential major challenges - sufficient? The question also arises as to whether usual democratic decision-making processes will be restored after the crisis. Will the President of the Republic continue to decide on his own, surrounded by a few experts? Will the Government continue to adopt more and more measures by “ordinance” that are normally the preserve of statutory law adopted by Parliament? Finally, the question arises as to whether the Courts will clearly protect differently the rights and freedoms during and outside of emergency.Hand out:IntroductionI- The risk of a Permanent Legal State of Exception limiting Rights and Freedoms1-The alternative existing Legal Frameworksa- Not in the Constitution…b- … but in the Legislation* Statutory law of 1955 on the (security) state of emergency* Provisions of Public Health Code2- The choice of New Specific States of Exceptiona- The Exceptional Legal regimes relating to the Pandemic*The (public health) state-of-emergency regime set up in March 2020*The transitional regime to end the state of emergency set up in July 2020* The public health monitoring and security bill, set up in the coming weeks?b- A New Habit?* The risk of permanent legal state of exception* The risk of state of emergency without imminent perilII- The risk of an Ongoing Malfunctioning of the Institutions and Decision-Making Processes1- The Hyper-Presidentialisation within the Executivea- A Powerful Presidentb- The Reign of Experts* The method* The results2- The Marginalisation of Elected Representativesa- The Weakening of Parliament* Legislation by Government ordinance* Restraints on Political control over the Governmentb- The Downgrade of Local AuthoritiesConclusio