The Council of State rejected Thursday the appeals of four associations of assistance to the homeless and migrants which aimed at the constitutional bases of the state of medical emergency and demanded the protection of the most precarious. The associations of all migrant citizens, Support of the hospitality network, plural paths and Utopia 56 had asked a priority question of constitutionality (QPC) targeting the blind spots of the text voted on March 23, an exceptional regime that frames the confinement of the country.
The applicants asserted that the text, by not providing for specific provisions for the most deprived, infringed "the safeguarding of the dignity of the person and the principle of fraternity". The Council of State considered, after an examination of the appeals but without a public hearing, that "it was not the duty of the legislator to prescribe specific measures for certain categories of the population", considered the QPC as devoid of "seriousness "And held that there was" no reason to refer it to the Constitutional Council ".
The applicants' lawyers, Vincent Brengarth and William Bourdon, immediately denounced this decision: “The mask of the Council of State falls. He is the servile ally of the executive power at a time when severe restrictions on freedoms require effective control of the measures taken and their constitutionality ”. "This decision is part of a general context of renouncing to be the guardian of the fundamental principles guaranteeing the rule of law," they said.
The administrative judge also rejected the referral of associations, which asked for a systematic screening of precarious and volunteers, the provision of protective equipment, and more generally the establishment of "a national plan of unconditional assistance accessible to all the poor, whatever their administrative situation ”.
No scientific consensus
The Council of State justified its decision by arguing that "the use of surgical masks in the non sick population (was) not retained in the current state of scientific data and available stocks" and by the increase in accommodation capacities, increased at the end of March to "nearly 170,000 places compared to 157,000 before the present crisis, to which are added nearly 200,000 places in adapted housing".
"In addition 73 sites specializing in the reception of people with symptoms but not related to hospitalization have been set up, representing a total of more than 2,800 places," he said, ruling out any "serious impairment and manifestly illegal with the right to emergency accommodation and to respect for life ”.
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- Covid 19
- Containment
- Homeless
- Coronavirus
- Society