So the contamination figures linked to Covid-19 are increasing, the return of the compulsory mask is debated. Such a measure should be adopted by Parliament.
Alert on the rise in Covid-19 cases. Brigitte Autran, president of Covars – former Scientific Council – strongly recommended the mandatory return of the mask to closed places last week. But covars will not have the last word, its opinion is only advisory. And as Brigitte Autran recalled on France Info a few days ago, this is not a measure that can be taken easily, since France “is no longer in the health emergency law”. “It’s not enough to say, ‘I would like it to be compulsory’, there is a whole legislative process behind it,” she described.
Indeed, as mentioned by the president of the committee, a law of July 30 put an end to the state of health emergency in France. This temporary device allowed the government to quickly and almost unilaterally put in place strict health measures such as a limitation of freedom of movement or the compulsory wearing of a mask in certain places such as transport. A few days later, a press release dated August 4, 2022 specified that this type of health restriction could no longer be adopted without the passing of a new law.
Thus, the current government only having a relative majority in the hemicycle, the adoption of such a binding measure could be complex for the executive. Even impossible, given the positions of the opposition parties on the subject. However, a member of the majority questioned by BFM TV, wants to believe that an appeal is possible. “If the house burns, we can issue a decree on the basis of exceptional circumstances, the time needed to have a vote in Parliament,” he said. In recent days, the Prime Minister but also the Minister of Health have launched “solemn appeals” to the French to restore the wearing of masks voluntarily in certain closed places and in contact with people at risk. The decree route, an administrative act, would therefore unilaterally allow the executive power to reinstate certain administrative measures without parliamentary debate.
Towards a particularism according to communities?
However, questioned by West France, the lawyer specializing in health law and fundamental freedoms, Juliette Alibert, estimated that such a decree could be called into question by the Council of State, the highest administrative court, because it “infringes fundamental freedoms too much “said the lawyer to the media. One possibility for the executive to make the mask compulsory again would be to delegate this responsibility locally, to local authorities. Juliette Alibert clarified daily that “orders issued by prefects or mayors could be justified in a given territory and at certain times of the day”.
Measure already demanded by Arnaud Robinet, mayor of Reims and also president of the Hospital Federation of France. “The government should give mayors the possibility of being able to introduce the wearing of masks in public transport” he had declared on France info.