- At this time, public authorities and governments have advanced that we are in a state of emergency. The President of the French State, for his part, said that "we are in a war" with France. This exceptional situation has enabled the Government to take drastic measures. Many decrees are being implemented every day to reduce public freedoms. For example, the intestine of schools, universities and childcare facilities, the limitation of travel, etc. All this, reducing citizens' freedoms.
Even though the measures that are deemed necessary have been implemented at the plant, we must not allow them violations of fundamental rights.
In recent years, in the French State, the law of 1955 regulated the situation of “urgency”. This law could only be applied at a time of crisis. 5. The Republic voted four times, and in 2017 the law of terrorism, which provided for the law of 1955, was voted on so that it could also be applied in situations without exceptions. All this, knowing that the first law of the “state of emergency” allowed public freedom to be realized by granting more rights to the police and the prefect.
Exceptional situations therefore give rise to concerns. On the one hand, because crises do not have to question fundamental rights and, on the other, because of the background to the future.
As far as fundamental rights are concerned, these situations show us the importance of powers against us. In this case, the exclusion of the Constitutional case may be a concern. However, the law on the “state of emergency” does not provide for the approval of that Council. This is just one example. The French Constitution consists of two articles granting extraordinary powers to lehendakari (Article 16), to the Government (Article 36) and both require Parliament’s control. In the new law, the emergency measures can be extended for two months without parliamentary control.
The legal background can have serious consequences. From now on, the police punish the evicted for being out, with the order to close the shelters running, or send the workers to work, put them in technical unemployment or force them to take holidays. The applications of the decrees are therefore used with great absurdity for the oppression of the precarious. Looking to the future, the emergency law may include drafters in ordinary law, giving them the possibility that they can also use them in times of non-crisis in the same way as the fight against terrorism.