The decree is now promulgated and registered with the JORF.
Containment and any contravention that would be issued BEFORE November 14 in the event of a failure to certify or cause it to be invalid is illegal and questionable.
LEGAL OPINION ON THE ILLEGALITY OF THE CONTRAVENTION DURING THE CONFINEMENT PERIOD
On 14 October 2020 the State of Health Emergency was declared by Decree No. 2020-1257.
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000042424377
However, this decree is illegal because it violates the provisions of Article L. 3131-13 of the Code of Public Health relating to the modalities of de reporting the state of health emergency.
Art.L.3131-13 - The State of Health Emergency is declared by decree in the Council of Ministers taken on the report of the Minister of Health. This reasoned decree determines the territorial districts within which it enters into force and receives application.
The available scientific data on the health situation that motivated the decision are made public."
The National Assembly and the Senate are informed without delay of the measures taken by the Government under the state of health emergency. The National Assembly and the Senate may request any additional information as part of the monitoring and evaluation of the measures."
The extension of the state of health emergency beyond one month can only be authorized by law, after the advice of the committee of scientists provided for in Article L.3131-19.
The decree refers to data that "will be made public" without appendicing the report motivated and signed by the Minister of Solidarity and Health. However, the interpretation of an exceptional statutory provision to restrict civil liberties by decree can only be strict.
Thus there is no legal basis for decrees, restricting freedoms, taken as a result of this illegal declaration of the state of health emergency. Only a law can legitimize on the date of its enactment of such measures.
The draft law on the extension of the state of health emergency and covering various measures to manage the health crisis was voted on in final reading on 7 November.
CNTF Officiel conseilnationaldetransition.org CNTF Officiel
Text adopted
http://www.assemblee-nationale.fr/dyn/15/textes/l15t0496_texte-adopte-provisoire.pdf
60 senators and 60 deputies referred the matter to the Constitutional Council on 7 November. As this is a law for which the government has declared an emergency, the Constitutional Council issued its decision of compliance with reservation in less than eight days or November 13 (2020-808 DC).
https://www.conseil-constitutionnel.fr/decision/2020/2020808DC.htm
The State of Health Emergency Extension Act was enacted on 14 November 2020 and published at JORF on 15 November 2020
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000042520662
Containment and any contravention that would be issued before November 14 in the event of a failure to certify or have a valid reason is illegal.
Louis-Méchel Laforge Secretary General of the CNTF
CNTF Officiel conseilnationaldetransition.org CNTF Officiel
https://conseilnationaldetransition.org/2020/11/09/ajc6-09-11-2020/
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