Jean-Philippe Derosier is a French professor of public law. He explains how Austria’s decision in response to the epidemic rebound to keep its unvaccinated citizens in a closed environment could not be applied in French law.
It is unprecedented in Europe. The Austrians without a completed vaccination schedule will be kept in isolation starting Monday, November 15, and continuing for at least ten days. With 13,000 new cases recorded on Saturday, the country suffers from an unprecedented rate of contamination, while only 65% of Austrians have received a second dose of the vaccine. Federal Chancellor Alexander Schallenberg believes that the rate is at least twice that. “Shamefully low” Comparable to Spain (79%), France is quite high up on the European table, with 75% of its population being fully vaccinated. France still faces the threat of a fifth wave.
The question is, can unvaccinated French suffer a fourth confinement in addition to their usual treatment? Most do. “Not wish”Most “All the hypotheses can be found on the table”Christophe Castaner, president of LREM, stated Monday that he was happy to do so. But such a measure in law could not come into effect as it faces significant legal constraints. Jean-Philippe Derosier is a professor of public law and a specialist in constitutional laws.
France could be like Austria in limiting its unvaccinated population
France was unable to do this immediately. Any containment measures that stop citizens from leaving their homes must be implemented only in a situation of emergency. Gold, [depuis le 1er juin 2021]The current situation is a hybrid transitional one, known as “management of the escape from the health crisis”. It allows restrictions in public places and large gatherings to be imposed but not confinement or curfew. The President of Republic should order the return to a state in which all citizens are vaccinated for a period of one month. After that, the regime could be extended by the passing of a law.
Do you think this is the only legal hurdle to the implementation?
There are actually two more. It is difficult to believe that the new confinement can only be applied to unvaccinated persons, even if the president had made that decision. The health emergency regime allows people to be distinguished based on their location, not according to their vaccination status or other characteristics such as age. . This is one reason why the government didn’t confine the elderly when it was discussed.
Legally speaking, confinement’s purpose is to prevent the virus from spreading. While the vaccine protects against severe forms of the virus it doesn’t stop them from spreading. Unvaccinated French citizens would be subject to the same legal restrictions as other citizens. However, everyone can be infected with the virus.
What path would you choose to take to eliminate these obstacles, if the government were willing?
It is the Constitution that needs to be amended, which I find impossible, and this is primarily due to political reasons. Emmanuel Macron is yet to succeed on other topics. He will not be able, five months before his presidential election, to convince Parliament on a subject so important that a constitutional review can be done.