What kind of judge for what kind of freedom?
Type de matériel :
TexteLangue : français Détails de publication : 2022.
Sujet(s) : Ressources en ligne : Abrégé : The measures taken by the public authorities in response to the public health crisis caused by Covid-19 have reactivated the debate on how legal disputes about freedoms are divided between the courts. The debate has focused on the interpretation of Article 66 of the French Constitution and its scope, with the narrow concept of individual freedom and the preeminence of the administrative courts being confirmed and accentuated during the public health crisis. In the light of the case law of the Conseil d’État, Article 66 is now considered only to apply to measures depriving individuals of their freedom.
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The measures taken by the public authorities in response to the public health crisis caused by Covid-19 have reactivated the debate on how legal disputes about freedoms are divided between the courts. The debate has focused on the interpretation of Article 66 of the French Constitution and its scope, with the narrow concept of individual freedom and the preeminence of the administrative courts being confirmed and accentuated during the public health crisis. In the light of the case law of the Conseil d’État, Article 66 is now considered only to apply to measures depriving individuals of their freedom.
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