Coronavirus in France: the Council of State limits the power of mayors against the epidemic

The Council of State decided that the mayors could take additional measures against the Covid-19 only if circumstances specific to their commune required it. REUTERS / Charles Platiau

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This Friday evening, the Council of State decided to suspend the decree taken by the city of Sceaux, near Paris, which required its residents to wear the mask during each outing.

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The town of Sceaux loses its judicial arm wrestling. And through this decision, it is all of the mayors of France who see their power somewhat limited in their fight against the Covid-19. Sceaux had become an emblematic file since its mayor had decided, on April 6, to impose the wearing of the mask on all users of public space over 10 years. 

The League for Human Rights had then seized the administrative court which had considered that this decree infringed fundamental freedoms by reducing a little more the freedom to come and go from each.

This Friday, the Council of State confirms this first judgment by clarifying that “  in the context of the state of health emergency, the mayors can take additional measures to fight against Covid-19 only if circumstances specific to their common impose it  ”. The judges for interim measures therefore suspend the decree adopted by the town of Sceaux. But beyond the example, it is also "  a decision in principle that limits the power of mayors  ", welcomes the League for Human Rights. For his part, the mayor of Sceaux denounces a decision taken to protect the state which has a heavy responsibility on the issue of wearing a mask.

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