- Christian Estrosi has issued a municipal decree which makes it compulsory to wear a mask in much of the city center.
- Lawyer Jean-Marc Le Gars, former president of the administrative court, is trying to have it annulled by justice.
- He considers that this decree is "liberticide" and that Christian Estrosi exceeds his powers as mayor.
"It's not easy to plead gagged", sighs Jean-Marc Le Gars. But this Nice lawyer will comply with the rule with good grace, this Wednesday, in the administrative court, because it is a government decree which imposes the wearing of the mask in the courtrooms. Jean-Marc Le Gars, on the other hand, is less inclined to cover his mouth and his nose in downtown Nice. Wearing a mask is compulsory since Monday and at least until Friday: Mayor Christian Estrosi imposed it by municipal decree.
The latter is illegal according to Master Le Gars, who attacks the decree before the administrative court. Before the hearing, scheduled for Wednesday at 11 am, this lawyer, former president of the administrative court, explains his approach to 20 Minutes.
Why are you attacking this mayor's order in summary proceedings?
This decree is liberticide. It violates the freedom to come and go. Overall, Mr. Estrosi allows himself anything and everything, even when it is not within his competence. He takes himself for God the Father! Public health is a state issue in France. It is not a municipal jurisdiction. But there is an escalation between the mayors, each one wants to show that he protects his fellow citizens better than the others.
Public health is not a competence of the mayor ...
The law of July 9 entrusts the management of the Covid-19 health crisis to the Prime Minister, who must act by decree. He may delegate certain powers to the prefects, when local circumstances so require.
But the prefect of the Alpes-Maritimes did not wish to issue an order requiring the wearing of a mask ...
Mr. Estrosi asked the prefect to take this measure. And he said if he didn't do it he would do it himself. A mayor who gives orders to the prefect is still quite strong. Mr. Estrosi invented a new rule of law: normally, it is the reverse, it is the prefect who can replace the mayor in the event of default ...
You seem to be globally opposed to Christian Estrosi's policy ...
It imposes many restrictions on fundamental freedoms. We have loudspeakers that send targeted messages to offenders, there are CCTV cameras everywhere… We are cops! It's science fiction.
Do you think you will succeed in court this Wednesday?
I don't see how the judge can let this go. If I had the time to go to the Council of State, I would have no doubts about the outcome. But before the first judge, in Nice, you never know. In the summer, we have judges who are on duty and who are not necessarily used to it.
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- Health
- Nice
- Covid 19
- Coronavirus
- Christian Estrosi
- Lawyer
- Court