18 March 2021

French Response to COVID-19 Crisis: Rolling into the Deep*

To cope with the COVID-19 crisis, the French Parliament adopted the Act n° 2020-290 creating a new regime of exception: the state of health emergency. It is concerning as it confers more powers and large leeway to the executive branch than the traditional state of security emergency, and as it offers the opportunity to restrict widely rights and liberties with almost no checks and balances. Continue reading >>
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16 June 2020

The French Loi de Vigilance: Prospects and Limitations of a Pioneer Mandatory Corporate Due Diligence

The French Loi de Vigilance is the result of a remarkable mobilization of trade unions, civil society and parliamentarians. It combines hard law with (international) soft law standards on business and human rights and introduces an unprecedented corporate duty of vigilance in French tort law. Continue reading >>
09 April 2020

From One State of Emergency to Another – Emergency Powers in France

2 years and less than 5 months after the end of the two-year state of emergency triggered on the wake of the 2015 terrorist attacks in Paris, a brand new “state of health emergency” was activated in France on the 23rd March to cope with a new attack led, this time, by a small and invisible enemy, Covid-19. The so-called “state of health emergency” currently constitutes the legal framework and basis of the measures in force to cope with the epidemic, including nationwide lockdown. What is this new regime? Is it a threat to individual freedoms? What are its limits and guarantees? Was it legally necessary? Continue reading >>
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09 August 2017

The French Antiterrorist Bill: A Permanent State of Emergency

In July, a government bill against terrorism was adopted to replace the French state of emergency, which is in force since the terrorist attacks of November 2015. Critics have long complained about the lasting of the etat d'urgence. An analysis of the new bill however reveals that it is still a threat for human rights and in that matter rather a softened version of the state of emergency. Continue reading >>
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