Responsibility of public and private actors for deconfinement, patient monitoring file and isolation … here are the main measures of the bill extending the state of health emergency against the coronavirus adopted by Parliament on Saturday.
Emmanuel Macron and the President of the Senate Gérard Larcher announced that they would seize the Constitutional Council on this text.
UNTIL JULY 10
The state of health emergency which entered into force on March 24 for two months, giving the government exceptional means to fight the epidemic, is extended until July 10 inclusive.
The text also takes into account “the challenges of deconfinement“which starts on Monday.
A possible further extension must again pass through Parliament.
RESPONSIBILITY
The compromise finalized in joint joint committee on Saturday specifies the conditions under which the criminal liability of mayors and employers may be engaged during the state of health emergency. It must be taken into account, not only “skills, power and means“available to the perpetrator, public or private actor, but also to”the nature of its missions or functions“.
This provision aims in particular to protect mayors “responsible for implementing decisions imposed on them“by the government, according to the explanatory memorandum to the compromise proposed by the Senate rapporteur Philippe Bas (LR).
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TRACING
The text allows the creation by decree in Council of State of an information system, in connection with Health Insurance, “intended to identify infected persons“and”to collect information“on people who have been in contact with them, in order to break the chain of contamination.
Unrelated to the controversial StopCovid application, which is not ready, this system allows the processing and sharing of personal health data, including without the consent of the interested party.
“brigades“, in particular agents of the Social Security, will be responsible for bringing up the list of contact cases.
The parliamentarians created a supervisory body and provided that the exemption from medical confidentiality be limited to data concerning infection with the virus. They limited the duration of their backup to three months.
QUARANTINE AND ISOLATION
Preventive quarantine measures and placement in solitary confinement for the sick are provided for those who, “having stayed during the previous month in an area of infection circulation“, arrive in France, in Corsica and in the overseas territories.
These measures, the initial duration of which cannot exceed 14 days, can be appealed to the judge of liberties and detention.
The Elysée has excluded the application of these provisions to travelers from the European Union, the Schengen Area or the United Kingdom, regardless of their nationality.
Parliamentarians have explicitly provided that spouses and children victims of violence within the family cannot be placed in quarantine or in isolation in the same home as the perpetrator.
TRAVEL, CLOSURES, REQUIREMENTS …
The text redefines certain measures that the Prime Minister can take by decree. He can:
. “regulate or prohibit the movement of people and vehicles and regulate access to means of transport and the conditions of their use“
. “Order temporary closure and regulate opening“establishments open to the public as well as meeting places
. “Order the requisition of all persons and all goods and services necessary for the fight against the health disaster“
– The text extends to sworn agents of the SNCF and the RATP the power to verbalize breaches of the measures of the state of emergency, such as the obligation to wear a mask in public transport.
– Pre-trial detention can no longer be extended without trial.
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