FRANCE: LDH denounces the Constitutional Court decision not to control the impact of emergency laws on the respect of civil liberties

(Ligue des droits de l’homme – 3 April 2020 – Translated from French)

By its decision, which validates a clear violation of the Constitution and allows it to suspend scrutiny of the decrees issued by the Government during the state of health emergency, the Constitutional Council accepts that public freedoms should be drastically restricted while suspending their control.

There is no justification for such a decision. Indeed, it is not clear why the members of the Constitutional Council are unable to work by videoconference while, at the same time, these decrees validate the indiscriminate use of videoconferencing, often to the detriment of the freedoms and rights of the defence.

While respect for the rule of law must prevail in all circumstances, the protection of individual and collective freedoms should not be delayed or impeded in any way.

The Constitutional Council is thus creating a jurisprudence that opens the way to all exceptions and thus to all derogations.

Translated with (free version)