유럽헌법학회

France has created a new national emergency rights system by law to respond to the Corona 19 outbreak. It is a system called “health emergencies” introduced in March 2020. It is a new system for responding to health-related emergencies, and it can be evaluated as a legislative measure that adapts the existing “emergency” system to the health situation. The existing emergency system is based on the 1955 Act as having a system that the state administration can cope with in general emergency situations. From France's response to the Corona 19 incident with the national emergency rights system, important implications regarding the legal principles inherent in public law can be obtained. From the point of view of the democratic principle, when scientific expertise or facts, such as Corona 19, have an important meaning, they must be shared not only with the administration but also with the people. From the standpoint of the rule of law, first, measures to restrict fundamental rights taken to respond to Corona 19 are not normally tolerated. Second, the system of national emergency rights, including health emergencies, is also within the framework of the Constitution. Although the role distribution between executive power and parliamentary power is different from usual, Congress still needs to be able to control important matters. A typical example is that the parliament has decided whether or not to extend the health emergency.