أثر أزمة فيروس كوفيد 19 على دور القضاء الاستعجالي الإداري الفرنسي في حماية الحق في الحياة

Abstract EN

The impact of the spread of the covid-19 epidemic extended to the judiciary sector in France.

the judicial order which was issued on march22, 2020 by the French state council, acting as an urgent administrative judge, constituted a turning point in the field of protecting the right to life as one of the basic freedoms.

this order which was issued after the union of young doctors, in accordance with the requirements of the French administrative justice law and article l521-2, in particular, had demanded a total quarantine in the country and the requirement of examination.

the union’s point of view is that government’s measures to protect the right to life were inadequate.

the French council of state rejected the case.

however, it acted as the urgent judge of freedoms and a judge of public order instead of defending freedoms.

this situation affected the principle of proportionality in force which seeks to ensure that the administrative control measures taken by the public authorities are consistent with the degree of the threat to the public order.

the French state council chose to support public policies and the measures adopted by the government.

however, it appeared in a new role as a protector of fundamental freedoms, which expanded its authority as an auxiliary to the administrative control authorities in restricting freedoms.

this judicial precedent requires establishing mechanisms that clarify how to resolve conflicts of basic freedoms within a single conflict.

in addition, it enhances the status of article l521-2 of the French administrative justice law, and prevents the administrative judiciary from deviating from its role in protecting basic freedoms.